S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4210
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     March 9, 2015
                                      ___________
       Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance
       AN ACT to amend the education law, in relation to admission requirements
         for graduate-level teacher education programs, institution deregistra-
         tion and  suspension,  teacher  registration  and  continuing  teacher
         education requirements (Subpart A); intentionally omitted (Subpart B);
         to  amend  the education law, in relation to the appointment of teach-
         ers, principals, administrators, supervisors and all other members  of
         the teaching and supervising staff of school districts (Subpart C); to
         amend  the education law, in relation to takeover and restructuring of
         failing school districts (Subpart D); to amend the education  law,  in
         relation  to  disciplinary  procedures  for  ineffective  teaching  or
         performance by a building principal or teacher  (Subpart  E);  and  to
         amend  the  education  law, in relation to charter schools (Subpart F)
         (Part A); to amend the education law, in relation  to  annual  profes-
         sional performance reviews for classroom teachers and building princi-
         pals (Part B); Intentionally Omitted (Part C); and Intentionally Omit-
         ted (Part D)
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act enacts into law major  components  of  legislation
    2  which are necessary to implement the state fiscal plan for the 2015-2016
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through D. The effective date for each  particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of  this  act", when used in connection with that particular component,
    9  shall be deemed to mean and refer to the corresponding  section  of  the
   10  Part  in  which  it  is  found. Section three of this act sets forth the
   11  general effective date of this act.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD20019-01-5
       S. 4210                             2
    1                                   PART A
    2    Section  1.  This  act enacts into law components of legislation which
    3  are necessary to implement the provisions relating to the prosecution of
    4  misconduct by public officials. Each component is wholly contained with-
    5  in a Subpart identified as Subparts A through F. The effective date  for
    6  each  particular provision contained within such Subpart is set forth in
    7  the last section of such Subpart. Any provision in any section contained
    8  within a Subpart, including the effective date  of  the  Subpart,  which
    9  makes  a  reference  to a section "of this act", when used in connection
   10  with that particular component, shall be deemed to mean and refer to the
   11  corresponding section of the Subpart in which it is found. Section three
   12  of this act sets forth the general effective date of this act.
   13                                  SUBPART A
   14    Section 1. The education law is amended by adding a new section  210-a
   15  to read as follows:
   16    S  210-A.  ADMISSION REQUIREMENTS FOR GRADUATE-LEVEL TEACHER EDUCATION
   17  PROGRAMS.  EACH INSTITUTION REGISTERED BY THE DEPARTMENT WITH  GRADUATE-
   18  LEVEL TEACHER EDUCATION PROGRAMS SHALL ADOPT RIGOROUS SELECTION CRITERIA
   19  GEARED  TO  PREDICTING  A  CANDIDATE'S  ACADEMIC SUCCESS IN ITS PROGRAM,
   20  INCLUDING BUT NOT LIMITED TO, A MINIMUM SCORE  ON  THE  GRADUATE  RECORD
   21  EXAMINATION  AND/OR A SUBSTANTIALLY EQUIVALENT ADMISSION EXAMINATION, AS
   22  DETERMINED BY THE INSTITUTION, AND ACHIEVEMENT  OF  A  CUMULATIVE  GRADE
   23  POINT AVERAGE OF 3.0 OR HIGHER IN THE CANDIDATE'S UNDERGRADUATE PROGRAM.
   24    S  2.  The  education  law is amended by adding a new section 210-b to
   25  read as follows:
   26    S 210-B. INSTITUTION DEREGISTRATION AND SUSPENSION. 1. THE  DEPARTMENT
   27  SHALL  DE-REGISTER  AND  SUSPEND  THE OPERATION OF AN INSTITUTION IF FOR
   28  THREE CONSECUTIVE ACADEMIC  YEARS,  FEWER  THAN  FIFTY  PERCENT  OF  ITS
   29  STUDENTS PASS EACH EXAMINATION THAT THEY HAVE TAKEN THAT IS REQUIRED FOR
   30  CERTIFICATION.    PROVIDED, HOWEVER, THE INSTITUTION MAY BE PERMITTED TO
   31  CONTINUE OPERATIONS IF THE INSTITUTION MAKES A WRITTEN  REQUEST  TO  THE
   32  DEPARTMENT  TO  BE PERMITTED TO CONTINUE OPERATIONS AND THE COMMISSIONER
   33  GRANTS SUCH A REQUEST AND IN WRITING STATES SPECIFIC REASONS FOR  ALLOW-
   34  ING  THE  INSTITUTION TO CONTINUE OPERATIONS. FOR PURPOSES OF THIS PARA-
   35  GRAPH, STUDENTS WHO  HAVE  SATISFACTORILY  COMPLETED  THE  INSTITUTION'S
   36  PROGRAM SHALL MEAN STUDENTS WHO HAVE MET EACH EDUCATIONAL REQUIREMENT OF
   37  THE  PROGRAM,  EXCLUDING  ANY INSTITUTIONAL REQUIREMENT THAT THE STUDENT
   38  PASS EACH REQUIRED NEW YORK STATE TEACHER CERTIFICATION EXAMINATION  FOR
   39  A  TEACHING  CERTIFICATE AND/OR SCHOOL BUILDING LEADER EXAMINATION FOR A
   40  SCHOOL BUILDING LEADER CERTIFICATE IN ORDER  TO  COMPLETE  THE  PROGRAM.
   41  STUDENTS SATISFACTORILY MEETING EACH EDUCATIONAL REQUIREMENT MAY INCLUDE
   42  STUDENTS  WHO  EARN  A  DEGREE OR STUDENTS WHO COMPLETE EACH EDUCATIONAL
   43  REQUIREMENT WITHOUT EARNING A DEGREE. WHEN MAKING SUCH A  DETERMINATION,
   44  THE  DEPARTMENT  SHALL  CONSIDER  THE  PERFORMANCE ON EACH CERTIFICATION
   45  EXAMINATION OF THOSE STUDENTS COMPLETING AN EXAMINATION  NOT  MORE  THAN
   46  THREE  YEARS BEFORE THE END OF THE ACADEMIC YEAR IN WHICH THE PROGRAM IS
   47  COMPLETED OR NOT LATER THAN THE SEPTEMBER THIRTIETH FOLLOWING THE END OF
   48  SUCH ACADEMIC YEAR, WHERE ACADEMIC YEAR IS DEFINED AS JULY FIRST THROUGH
   49  JUNE THIRTIETH, AND SHALL CONSIDER ONLY THE HIGHEST SCORE OF INDIVIDUALS
   50  TAKING A TEST MORE THAN ONCE.
   51    2. THE INSTITUTION MAY SUBMIT AN APPEAL AS PRESCRIBED BY  THE  COMMIS-
   52  SIONER  IN  REGULATIONS.  A  DE-REGISTERED INSTITUTION SHALL CEASE OPER-
       S. 4210                             3
    1  ATIONS AND SHALL NOT EDUCATE ANY STUDENTS WHILE AWAITING THE COMMISSION-
    2  ER'S DECISION ON THEIR APPLICATION FOR RE-REGISTRATION.
    3    3. THE DEPARTMENT MAY ALSO, AS PRESCRIBED BY THE COMMISSIONER IN REGU-
    4  LATIONS,  CONDUCT  EXPEDITED  REGISTRATION REVIEWS FOR INSTITUTIONS THAT
    5  HAVE DEMONSTRATED POOR PERFORMANCE ON STUDENT OUTCOMES.
    6    S 3. Section 3006 of the education law is  amended  by  adding  a  new
    7  subdivision 3 to read as follows:
    8    3.  REGISTRATION.  A.  COMMENCING  WITH  THE TWO THOUSAND FIFTEEN--TWO
    9  THOUSAND SIXTEEN SCHOOL YEAR, ANY HOLDER OF A  TEACHING  CERTIFICATE  IN
   10  THE  CLASSROOM  TEACHING  SERVICE,  TEACHING  ASSISTANT  CERTIFICATE, OR
   11  EDUCATIONAL LEADERSHIP CERTIFICATE THAT IS VALID FOR LIFE AS  PRESCRIBED
   12  BY  THE  COMMISSIONER  IN REGULATIONS SHALL BE REQUIRED TO REGISTER WITH
   13  THE DEPARTMENT EVERY FIVE YEARS IN ACCORDANCE WITH  REGULATIONS  OF  THE
   14  COMMISSIONER.  SUCH  REGULATIONS  SHALL  PRESCRIBE  THE DATE OR DATES BY
   15  WHICH APPLICATIONS FOR INITIAL REGISTRATION MUST BE  SUBMITTED  AND  MAY
   16  PROVIDE  FOR  STAGGERED INITIAL REGISTRATION AND/OR ROLLING RE-REGISTRA-
   17  TION SO THAT RE-REGISTRATIONS ARE DISTRIBUTED  AS  EQUALLY  AS  POSSIBLE
   18  THROUGHOUT THE YEAR.
   19    B.  THE  DEPARTMENT  SHALL POST AN APPLICATION FOR REGISTRATION ON ITS
   20  WEBSITE. AN APPLICATION FOR REGISTRATION AND THE  REQUIRED  REGISTRATION
   21  FEE SHALL BE SUBMITTED TOGETHER WITH OR AS PART OF THE APPLICATION FOR A
   22  REGISTRATION CERTIFICATE. A PERSON INITIALLY CERTIFIED OR RESUMING PRAC-
   23  TICE  AFTER A LAPSE IN REGISTRATION DURING THE LAST TWO YEARS OF A FIVE-
   24  YEAR REGISTRATION PERIOD SHALL RECEIVE A PRORATED REFUND OF ONE-FIFTH OF
   25  THE TOTAL REGISTRATION FEE FOR EACH FULL YEAR OF THE REGISTRATION PERIOD
   26  THAT ELAPSED PRIOR TO THE DATE  OF  REGISTRATION.  EXCEPT  AS  OTHERWISE
   27  PROVIDED IN THIS SECTION, THE DEPARTMENT SHALL RENEW THE REGISTRATION OF
   28  EACH  CERTIFICATE HOLDER UPON RECEIPT OF A PROPER APPLICATION, ON A FORM
   29  PRESCRIBED BY THE DEPARTMENT, AND THE REGISTRATION FEE. ANY  CERTIFICATE
   30  HOLDER  WHO FAILS TO REGISTER BY THE BEGINNING OF THE APPROPRIATE REGIS-
   31  TRATION PERIOD SHALL BE REQUIRED TO PAY AN ADDITIONAL FEE FOR  THE  LATE
   32  FILING OF TEN DOLLARS FOR EACH MONTH THAT REGISTRATION HAS BEEN DELAYED.
   33  NO  LICENSEE  RESUMING  PRACTICE  AFTER A LAPSE OF REGISTRATION SHALL BE
   34  PERMITTED TO PRACTICE WITHOUT  ACTUAL  POSSESSION  OF  THE  REGISTRATION
   35  CERTIFICATE.
   36    C.  ANY  CERTIFICATE HOLDER WHO IS NOT ENGAGING IN THE PRACTICE OF HIS
   37  OR HER PROFESSION IN THIS STATE AND DOES NOT DESIRE TO REGISTER SHALL SO
   38  ADVISE THE DEPARTMENT. SUCH CERTIFICATE HOLDER SHALL NOT BE REQUIRED  TO
   39  PAY  AN  ADDITIONAL  FEE FOR FAILURE TO REGISTER AT THE BEGINNING OF THE
   40  REGISTRATION PERIOD.
   41    D. CERTIFICATE HOLDERS SHALL NOTIFY THE DEPARTMENT OF  ANY  CHANGE  OF
   42  NAME  OR  MAILING  ADDRESS WITHIN THIRTY DAYS OF SUCH CHANGE. FAILURE TO
   43  REGISTER OR PROVIDE SUCH NOTICE WITHIN ONE HUNDRED EIGHTY DAYS  OF  SUCH
   44  CHANGE  SHALL CONSTITUTE GROUNDS FOR MORAL CHARACTER REVIEW UNDER SUBDI-
   45  VISION SEVEN OF SECTION THREE HUNDRED FIVE OF THIS TITLE.
   46    E. THE FEE FOR REPLACEMENT  OF  A  LOST  REGISTRATION  CERTIFICATE  OR
   47  LICENSE  OR  FOR  REGISTRATION  OF  AN  ADDITIONAL  OFFICE  SHALL BE TEN
   48  DOLLARS.
   49    F. AN ADDITIONAL FEE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED  FOR  THE
   50  REGISTRATION OF ANY APPLICANT WHOSE CHECK HAS BEEN DISHONORED, OR IN THE
   51  CASE OF A CREDIT CARD PAYMENT, WHERE THE PAYMENT IS CONTESTED AND IS NOT
   52  HONORED BY THE CREDIT CARD COMPANY.
   53    S  4.  The  education law is amended by adding a new section 3006-a to
   54  read as follows:
   55    S 3006-A. REGISTRATION AND CONTINUING TEACHER  EDUCATION  REQUIREMENTS
   56  FOR  HOLDERS  OF  PROFESSIONAL  CERTIFICATES  IN  THE CLASSROOM TEACHING
       S. 4210                             4
    1  SERVICE, HOLDERS OF LEVEL III TEACHING ASSISTANT  CERTIFICATES,  HOLDERS
    2  OF  PROFESSIONAL CERTIFICATES IN THE EDUCATIONAL LEADERSHIP SERVICE.  1.
    3  A. EACH HOLDER OF A PROFESSIONAL CERTIFICATE IN THE  CLASSROOM  TEACHING
    4  SERVICE, HOLDER OF A LEVEL III TEACHING ASSISTANT CERTIFICATE AND HOLDER
    5  OF  A  PROFESSIONAL  CERTIFICATE  IN  THE EDUCATIONAL LEADERSHIP SERVICE
    6  SHALL BE REQUIRED TO REGISTER EVERY FIVE YEARS WITH  THE  DEPARTMENT  TO
    7  PRACTICE  IN  THE  STATE  AND  SHALL  COMPLY  WITH THE PROVISIONS OF THE
    8  CONTINUING TEACHER EDUCATION REQUIREMENTS SET FORTH IN THIS SECTION.
    9    B. ANY OF THE CERTIFIED INDIVIDUALS DESCRIBED IN PARAGRAPH A  OF  THIS
   10  SECTION WHO DO NOT SATISFY THE CONTINUING TEACHER EDUCATION REQUIREMENTS
   11  SHALL  NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, HAVE PAID ALL
   12  APPLICABLE FEES, AND HAVE BEEN  ISSUED  A  REGISTRATION  OR  CONDITIONAL
   13  REGISTRATION CERTIFICATE.
   14    C.  HOLDERS  OF  A  PROFESSIONAL CERTIFICATE IN THE CLASSROOM TEACHING
   15  SERVICE, HOLDERS OF A LEVEL  III  TEACHING  ASSISTANCE  CERTIFICATE  AND
   16  HOLDERS  OF  A  PROFESSIONAL  CERTIFICATE  IN THE EDUCATIONAL LEADERSHIP
   17  SERVICE AND ANY OTHER CERTIFIED INDIVIDUAL REQUIRED BY THE  COMMISSIONER
   18  TO  REGISTER  TRIENNIALLY  SHALL  BE  EXEMPT FROM THE CONTINUING TEACHER
   19  EDUCATION REQUIREMENT FOR THE FIVE-YEAR REGISTRATION PERIOD DURING WHICH
   20  THEY ARE FIRST LICENSED BY THE DEPARTMENT. IN ACCORDANCE WITH THE INTENT
   21  OF  THIS  SECTION,  ADJUSTMENTS  TO  THE  CONTINUING  TEACHER  EDUCATION
   22  REQUIREMENT  MAY  BE  GRANTED  BY  THE  DEPARTMENT FOR REASONS OF HEALTH
   23  CERTIFIED BY A PHYSICIAN, FOR EXTENDED ACTIVE DUTY WITH ARMED FORCES  OF
   24  THE  UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT
   25  WHICH MAY PREVENT COMPLIANCE.
   26    D. CERTIFICATE HOLDERS WHO ARE NOT PRACTICING AS A  TEACHER,  TEACHING
   27  ASSISTANT OR EDUCATIONAL LEADER IN A SCHOOL DISTRICT OR BOARD OF COOPER-
   28  ATIVE  EDUCATIONAL  SERVICES  IN  THIS  STATE  SHALL  BE EXEMPT FROM THE
   29  CONTINUING TEACHER EDUCATION REQUIREMENT UPON THE FILING  OF  A  WRITTEN
   30  STATEMENT  WITH  THE  DEPARTMENT  DECLARING SUCH STATUS. ANY HOLDER OF A
   31  PROFESSIONAL CERTIFICATE IN THE CLASSROOM TEACHING SERVICE, HOLDER OF  A
   32  LEVEL  III  TEACHING  ASSISTANT CERTIFICATE AND HOLDER OF A PROFESSIONAL
   33  CERTIFICATE IN THE EDUCATIONAL LEADERSHIP SERVICE WHO  RESUMES  PRACTICE
   34  DURING  THE  FIVE-YEAR  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
   35  PRIOR TO RESUMING PRACTICE AND SHALL PAY THE CURRENT CONTINUING  TEACHER
   36  EDUCATION  FEE AND SHALL MEET SUCH CONTINUING TEACHER EDUCATION REQUIRE-
   37  MENTS AS PRESCRIBED IN REGULATIONS OF THE COMMISSIONER.
   38    2. A. DURING EACH FIVE-YEAR REGISTRATION PERIOD BEGINNING ON OR  AFTER
   39  JULY  FIRST,  TWO  THOUSAND FIFTEEN, AN APPLICANT FOR REGISTRATION SHALL
   40  SUCCESSFULLY COMPLETE A MINIMUM  OF  100  HOURS  OF  CONTINUING  TEACHER
   41  EDUCATION,  AS  DEFINED  BY THE COMMISSIONER. THE DEPARTMENT SHALL ISSUE
   42  RIGOROUS STANDARDS FOR  COURSES  AND  PROGRAMS  THAT  SHALL  QUALIFY  AS
   43  CONTINUING TEACHER EDUCATION PURSUANT TO THIS SECTION.
   44    B. A CERTIFIED INDIVIDUAL WHO HAS NOT SATISFIED THE CONTINUING TEACHER
   45  EDUCATION  REQUIREMENTS  SHALL  NOT  BE  ISSUED A FIVE-YEAR REGISTRATION
   46  CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL  A
   47  REGISTRATION  OR  CONDITIONAL  REGISTRATION  CERTIFICATE  IS  ISSUED  AS
   48  PROVIDED IN SUBDIVISION THREE OF THIS  SECTION.  FOR  PURPOSES  OF  THIS
   49  SUBDIVISION,  "CONTINUING  TEACHER  EDUCATION  REQUIREMENTS"  SHALL MEAN
   50  FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO GROWTH  IN  THE  PROFES-
   51  SIONAL  KNOWLEDGE  AND PROFESSIONAL COMPETENCE OF THE CERTIFICATE HOLDER
   52  WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE  COMMISSIONER.
   53  TO  FULFILL  THE CONTINUING TEACHER EDUCATION REQUIREMENT, PROGRAMS MUST
   54  BE TAKEN FROM SPONSORS APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGU-
   55  LATIONS OF THE COMMISSIONER.
       S. 4210                             5
    1    3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
    2  TRATION  TO  A  TEACHER,  TEACHING  ASSISTANT OR EDUCATIONAL LEADER IN A
    3  SCHOOL DISTRICT OR BOCES IN THIS STATE WHO FAILS TO MEET THE  CONTINUING
    4  EDUCATION  REQUIREMENTS  ESTABLISHED  IN SUBDIVISION TWO OF THIS SECTION
    5  BUT  WHO  AGREES  TO  MAKE  UP  ANY DEFICIENCIES AND TAKE ANY ADDITIONAL
    6  EDUCATION WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR  SUCH  A  CONDI-
    7  TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
    8  FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
    9  TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT. ANY HOLDER OF A PROFES-
   10  SIONAL CERTIFICATE IN THE CLASSROOM TEACHING SERVICE, HOLDER OF A  LEVEL
   11  III  TEACHING  ASSISTANT CERTIFICATE OR HOLDER OF A PROFESSIONAL CERTIF-
   12  ICATE IN THE EDUCATIONAL LEADERSHIP  SERVICE  AND  ANY  OTHER  CERTIFIED
   13  INDIVIDUAL  REQUIRED  BY THE COMMISSIONER TO REGISTER TRIENNIALLY WHO IS
   14  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO  SUBMIT  EVIDENCE,
   15  SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING EDUCATION AND WHO
   16  PRACTICES WITHOUT SUCH REGISTRATION, SHALL BE SUBJECT TO MORAL CHARACTER
   17  REVIEW  UNDER  SUBDIVISION  SEVEN  OF SECTION THREE HUNDRED FIVE OF THIS
   18  TITLE.
   19    4. THE REGISTRATION FEE SHALL BE DETERMINED BY THE REGENTS, AND  SHALL
   20  BE  PAYABLE  ON  OR  BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRATION
   21  PERIOD.
   22    S 5. This act shall take  effect  July  1,  2015,  provided  that  the
   23  authority  of  the  board  of  regents to adopt regulations necessary to
   24  implement the provisions of this act on such effective date  shall  take
   25  effect immediately.
   26                                  SUBPART B
   27    Intentionally omitted.
   28                                  SUBPART C
   29    Section  1. Paragraphs (a) and (b) of subdivision 1 of section 2509 of
   30  the education law, paragraph (a) as amended by chapter 551 of  the  laws
   31  of  1976,  and  paragraph  (b)  as amended by chapter 468 of the laws of
   32  1975, are amended to read as follows:
   33    (a) I. Teachers  and  all  other  members  of  the  teaching  staff[,]
   34  APPOINTED  PRIOR  TO  JULY FIRST, TWO THOUSAND FIFTEEN AND authorized by
   35  section twenty-five hundred three of this article, shall be appointed by
   36  the board of education, upon the recommendation of the superintendent of
   37  schools, for a probationary period of three years, except  that  in  the
   38  case  of  a  teacher  who has rendered satisfactory service as a regular
   39  substitute for a period of two years or as  a  seasonally  licensed  per
   40  session teacher of swimming in day schools who has served in that capac-
   41  ity  for  a period of two years and has been appointed to teach the same
   42  subject in day schools on an  annual  salary,  the  probationary  period
   43  shall  be  limited to one year; provided, however, that in the case of a
   44  teacher who has been appointed on  tenure  in  another  school  district
   45  within  the  state,  the  school district where currently employed, or a
   46  board of cooperative educational services, and  who  was  not  dismissed
   47  from  such  district or board as a result of charges brought pursuant to
   48  subdivision one of section three thousand twenty-a of this chapter,  the
   49  probationary  period shall not exceed two years. The service of a person
   50  appointed to any of such positions  may  be  discontinued  at  any  time
   51  during  such  probationary  period,  on the recommendation of the super-
   52  intendent of schools, by a majority vote of the board of education. Each
       S. 4210                             6
    1  person who is not to be recommended for appointment on tenure  shall  be
    2  so  notified  by the superintendent of schools in writing not later than
    3  sixty days immediately preceding  the  expiration  of  his  probationary
    4  period.
    5    II.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW OR REGULATION TO THE
    6  CONTRARY, TEACHERS AND ALL OTHER MEMBERS OF THE TEACHING STAFF APPOINTED
    7  ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN AND AUTHORIZED  BY  SECTION
    8  TWENTY-FIVE  HUNDRED  THREE  OF  THIS ARTICLE, SHALL BE APPOINTED BY THE
    9  BOARD OF EDUCATION, UPON THE RECOMMENDATION  OF  THE  SUPERINTENDENT  OF
   10  SCHOOLS,  FOR  A  PROBATIONARY  PERIOD OF FIVE YEARS, EXCEPT THAT IN THE
   11  CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY  SERVICE  AS  A  REGULAR
   12  SUBSTITUTE  FOR  A  PERIOD  OF TWO YEARS OR AS A SEASONALLY LICENSED PER
   13  SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-
   14  ITY FOR A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH  THE  SAME
   15  SUBJECT  IN  DAY  SCHOOLS  ON  AN  ANNUAL  SALARY,  THE TEACHER SHALL BE
   16  APPOINTED FOR A PROBATIONARY PERIOD OF THREE YEARS;  PROVIDED,  HOWEVER,
   17  THAT IN THE CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTH-
   18  ER SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY
   19  EMPLOYED,  OR  A  BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS
   20  NOT DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT
   21  PURSUANT TO SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A  OF  THIS
   22  CHAPTER,  THE  TEACHER  SHALL  BE APPOINTED FOR A PROBATIONARY PERIOD OF
   23  FOUR YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY OF  SUCH  POSITIONS
   24  MAY  BE DISCONTINUED AT ANY TIME DURING SUCH PROBATIONARY PERIOD, ON THE
   25  RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY  VOTE  OF
   26  THE  BOARD  OF  EDUCATION.  EACH PERSON WHO IS NOT TO BE RECOMMENDED FOR
   27  APPOINTMENT ON TENURE SHALL BE SO  NOTIFIED  BY  THE  SUPERINTENDENT  OF
   28  SCHOOLS  IN  WRITING NOT LATER THAN SIXTY DAYS IMMEDIATELY PRECEDING THE
   29  EXPIRATION OF HIS/HER PROBATIONARY PERIOD.
   30    (b) I. Administrators,  directors,  supervisors,  principals  and  all
   31  other  members of the supervising staff, except associate, assistant and
   32  other superintendents[,] APPOINTED PRIOR TO  JULY  FIRST,  TWO  THOUSAND
   33  FIFTEEN  AND  authorized  by  section  twenty-five hundred three of this
   34  article, shall be appointed by the board of education, upon  the  recom-
   35  mendation  of the superintendent of schools for a probationary period of
   36  three years. The service of a person appointed to any of such  positions
   37  may  be  discontinued  at any time during the probationary period on the
   38  recommendation of the superintendent of schools, by a majority  vote  of
   39  the board of education.
   40    II.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW OR REGULATION TO THE
   41  CONTRARY, ADMINISTRATORS, DIRECTORS,  SUPERVISORS,  PRINCIPALS  AND  ALL
   42  OTHER  MEMBERS OF THE SUPERVISING STAFF, EXCEPT ASSOCIATE, ASSISTANT AND
   43  OTHER SUPERINTENDENTS, APPOINTED ON OR AFTER JULY  FIRST,  TWO  THOUSAND
   44  FIFTEEN  AND  AUTHORIZED  BY  SECTION  TWENTY-FIVE HUNDRED THREE OF THIS
   45  ARTICLE, SHALL BE APPOINTED BY THE BOARD OF EDUCATION, UPON  THE  RECOM-
   46  MENDATION  OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF
   47  FIVE YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY OF  SUCH  POSITIONS
   48  MAY  BE  DISCONTINUED  AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE
   49  RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY  VOTE  OF
   50  THE BOARD OF EDUCATION.
   51    S 2. Subdivision 2 of section 2509 of the education law, as amended by
   52  section  6  of  part  A of chapter 57 of the laws of 2007, is amended to
   53  read as follows:
   54    2. A. At the expiration  of  the  probationary  term  of  any  persons
   55  appointed  for  such  term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, or
   56  within six months prior thereto, the  superintendent  of  schools  shall
       S. 4210                             7
    1  make  a  written  report  to  the  board  of  education recommending for
    2  appointment on tenure those persons who have been found competent, effi-
    3  cient and satisfactory[, consistent with any  applicable  rules  of  the
    4  board  of regents adopted pursuant to section three thousand twelve-b of
    5  this chapter]. By a majority  vote  the  board  of  education  may  then
    6  appoint  on  tenure  any or all of the persons recommended by the super-
    7  intendent of schools. Such persons and all others employed in the teach-
    8  ing service of the schools of such school district who have  served  the
    9  full  probationary  period  shall hold their respective positions during
   10  good behavior and efficient and competent  service,  and  shall  not  be
   11  removable  except for cause after a hearing as provided by section three
   12  thousand twenty-a of [such law]  THIS  CHAPTER.    Failure  to  maintain
   13  certification  as  required  by  this chapter and the regulations of the
   14  commissioner of education shall constitute cause for removal.
   15    B. FOR PERSONS APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN,
   16  AT THE EXPIRATION OF THE PROBATIONARY TERM OF ANY PERSONS APPOINTED  FOR
   17  SUCH  TERM,  OR  WITHIN  SIX MONTHS PRIOR THERETO, THE SUPERINTENDENT OF
   18  SCHOOLS SHALL MAKE A WRITTEN REPORT TO THE BOARD OF EDUCATION RECOMMEND-
   19  ING FOR APPOINTMENT ON TENURE THOSE PERSONS WHO HAVE BEEN  FOUND  COMPE-
   20  TENT,  EFFICIENT AND SATISFACTORY AND IN THE CASE OF A CLASSROOM TEACHER
   21  OR BUILDING PRINCIPAL, WHO HAVE RECEIVED COMPOSITE  ANNUAL  PROFESSIONAL
   22  PERFORMANCE  REVIEW  RATINGS PURSUANT TO THREE THOUSAND TWELVE-C OF THIS
   23  CHAPTER, OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN  EACH  OF  THE  FIVE
   24  PRECEDING  YEARS.  BY  A  MAJORITY VOTE, THE BOARD OF EDUCATION MAY THEN
   25  APPOINT ON TENURE ANY OR ALL OF THE PERSONS RECOMMENDED  BY  THE  SUPER-
   26  INTENDENT  OF  SCHOOLS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE
   27  OR REGULATION TO THE CONTRARY, IF NO AFFIRMATIVE ACTION IS TAKEN BY  THE
   28  BOARD  OF EDUCATION TO TERMINATE A CLASSROOM TEACHER OR BUILDING PRINCI-
   29  PAL, OR TO APPROVE OR DENY TENURE TO A  CLASSROOM  TEACHER  OR  BUILDING
   30  PRINCIPAL  AT  THE  EXPIRATION OF THE PROBATIONARY PERIOD, THE CLASSROOM
   31  TEACHER OR BUILDING PRINCIPAL SHALL REMAIN IN PROBATIONARY STATUS  UNTIL
   32  THE  END  OF  THE  SCHOOL  YEAR  IN  WHICH SUCH TEACHER OR PRINCIPAL HAS
   33  RECEIVED SUCH RATINGS OF EFFECTIVE OR  HIGHLY  EFFECTIVE  FOR  THE  FIVE
   34  PRECEDING  SCHOOL  YEARS,  DURING  WHICH TIME A BOARD OF EDUCATION SHALL
   35  EITHER DISCONTINUE THE SERVICES OF SUCH PERSON, DENY TENURE  OR  APPROVE
   36  TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING PRINCIPALS WHO OTHERWISE
   37  HAVE  BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY. PROVIDED, HOWEV-
   38  ER, THAT THE BOARD OF EDUCATION  MAY  GRANT  TENURE  CONTINGENT  UPON  A
   39  CLASSROOM  TEACHER'S OR BUILDING PRINCIPAL'S RECEIPT OF SUCH A RATING OF
   40  EFFECTIVE OR HIGHLY EFFECTIVE IN THE FIFTH YEAR, AND IF SUCH CONTINGENCY
   41  IS NOT MET, THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE AND  THE
   42  TEACHER'S  OR  PRINCIPAL'S  PROBATIONARY  PERIOD  SHALL  BE  EXTENDED IN
   43  ACCORDANCE WITH THIS SUBDIVISION. SUCH PERSONS WHO HAVE BEEN RECOMMENDED
   44  FOR TENURE AND ALL OTHERS  EMPLOYED  IN  THE  TEACHING  SERVICE  OF  THE
   45  SCHOOLS  OF  SUCH  SCHOOL DISTRICT WHO HAVE SERVED THE FULL PROBATIONARY
   46  PERIOD AS EXTENDED PURSUANT TO THIS SUBDIVISION SHALL HOLD THEIR RESPEC-
   47  TIVE POSITIONS DURING GOOD BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE,
   48  AND SHALL NOT BE REMOVABLE EXCEPT FOR CAUSE AFTER A HEARING AS  PROVIDED
   49  BY  SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER. FAILURE TO MAINTAIN
   50  CERTIFICATION AS REQUIRED BY THIS CHAPTER AND  THE  REGULATIONS  OF  THE
   51  COMMISSIONER OF EDUCATION SHALL CONSTITUTE CAUSE FOR REMOVAL.
   52    S  3.  Subdivisions  1,  5 and 6 of section 2573 of the education law,
   53  subdivision 1 as amended by chapter 732 of the laws of  1971,  paragraph
   54  (a)  of  subdivision  1  as  amended by chapter 640 of the laws of 1983,
   55  paragraph (b) of subdivision 1 as amended by chapter 468 of the laws  of
       S. 4210                             8
    1  1975,  subdivision  5 and 6 as amended by section 7 of part A of chapter
    2  57 of the laws of 2007, are amended to read as follows:
    3    1.  (a)  I.  Teachers  and  all  other  members of the teaching staff,
    4  APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN  AND  authorized  by
    5  section  twenty-five  hundred  fifty-four  of  this  article,  shall  be
    6  appointed by the board of education,  upon  the  recommendation  of  the
    7  superintendent  of  schools,  for  a probationary period of three years,
    8  except that in the case of  a  teacher  who  has  rendered  satisfactory
    9  service  as  a  regular  substitute  for  a  period of two years or as a
   10  seasonally licensed per session teacher of swimming in day  schools  who
   11  has  served  in  that  capacity  for  a period of two years and has been
   12  appointed to teach the same subject in day schools on an annual  salary,
   13  the probationary period shall be limited to one year; provided, however,
   14  that in the case of a teacher who has been appointed on tenure in anoth-
   15  er school district within the state, the school district where currently
   16  employed,  or  a  board of cooperative educational services, and who was
   17  not dismissed from such district or board as a result of charges brought
   18  pursuant to subdivision one of section three thousand twenty-a  of  this
   19  chapter,  the  probationary period shall not exceed two years; provided,
   20  however, that in cities with a population of  one  million  or  more,  a
   21  teacher appointed under a newly created license, for teachers of reading
   22  and  of the emotionally handicapped, to a position which the teacher has
   23  held for at least two years prior to such appointment while  serving  on
   24  tenure  in  another  license  area  who was not dismissed as a result of
   25  charges brought pursuant to subdivision one of  section  three  thousand
   26  twenty-a of this chapter, the probationary period shall be one year. The
   27  service of a person appointed to any of such positions may be discontin-
   28  ued  at  any time during such probationary period, on the recommendation
   29  of the superintendent of schools, by a majority vote  of  the  board  of
   30  education.   Each person who is not to be recommended for appointment on
   31  tenure shall be so notified by the superintendent of schools in  writing
   32  not  later  than  sixty days immediately preceding the expiration of his
   33  probationary period. In city school districts  having  a  population  of
   34  four  hundred  thousand  or  more,  persons  with licenses obtained as a
   35  result of examinations announced subsequent to the twenty-second day  of
   36  May,  nineteen  hundred  sixty-nine  appointed  upon conditions that all
   37  announced requirements for the position be fulfilled within a  specified
   38  period  of time, shall not acquire tenure unless and until such require-
   39  ments have been completed within the time specified for the  fulfillment
   40  of such requirements, notwithstanding the expiration of any probationary
   41  period.  In all other city school districts subject to the provisions of
   42  this  article,  failure  to  maintain  certification as required by this
   43  article and by the regulations of the commissioner of education shall be
   44  cause for removal  within  the  meaning  of  subdivision  five  of  this
   45  section.
   46    II.  TEACHERS AND ALL OTHER MEMBERS OF THE TEACHING STAFF APPOINTED ON
   47  OR AFTER JULY FIRST, TWO THOUSAND  FIFTEEN  AND  AUTHORIZED  BY  SECTION
   48  TWENTY-FIVE  HUNDRED  FIFTY-FOUR  OF THIS ARTICLE, SHALL BE APPOINTED BY
   49  THE BOARD OF EDUCATION, UPON THE RECOMMENDATION OF THE SUPERINTENDENT OF
   50  SCHOOLS, FOR A PROBATIONARY PERIOD OF FIVE YEARS,  EXCEPT  THAT  IN  THE
   51  CASE  OF  A  TEACHER  WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR
   52  SUBSTITUTE FOR A PERIOD OF TWO YEARS OR AS  A  SEASONALLY  LICENSED  PER
   53  SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-
   54  ITY  FOR  A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME
   55  SUBJECT IN DAY SCHOOLS  ON  AN  ANNUAL  SALARY,  THE  TEACHER  SHALL  BE
   56  APPOINTED  FOR  A PROBATIONARY PERIOD OF THREE YEARS; PROVIDED, HOWEVER,
       S. 4210                             9
    1  THAT IN THE CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTH-
    2  ER SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY
    3  EMPLOYED, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  AND  WHO  WAS
    4  NOT DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT
    5  PURSUANT  TO  SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A OF THIS
    6  CHAPTER, THE TEACHER SHALL BE APPOINTED FOR  A  PROBATIONARY  PERIOD  OF
    7  FOUR  YEARS;  PROVIDED, HOWEVER, THAT IN CITIES WITH A POPULATION OF ONE
    8  MILLION OR MORE, A TEACHER APPOINTED UNDER A NEWLY CREATED LICENSE,  FOR
    9  TEACHERS  OF  READING  AND OF THE EMOTIONALLY HANDICAPPED, TO A POSITION
   10  WHICH THE TEACHER HAS HELD FOR AT LEAST TWO YEARS PRIOR TO SUCH APPOINT-
   11  MENT WHILE SERVING ON  TENURE  IN  ANOTHER  LICENSE  AREA  WHO  WAS  NOT
   12  DISMISSED  AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE OF
   13  SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER, THE  TEACHER  SHALL  BE
   14  APPOINTED  FOR  A  PROBATIONARY PERIOD OF THREE YEARS.  THE SERVICE OF A
   15  PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY  BE  DISCONTINUED  AT  ANY
   16  TIME  DURING  SUCH  PROBATIONARY  PERIOD,  ON  THE RECOMMENDATION OF THE
   17  SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION.
   18  EACH PERSON WHO IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL
   19  BE SO NOTIFIED BY THE SUPERINTENDENT OF SCHOOLS  IN  WRITING  NOT  LATER
   20  THAN SIXTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION OF HIS PROBATIONARY
   21  PERIOD.  IN  ALL CITY SCHOOL DISTRICTS SUBJECT TO THE PROVISIONS OF THIS
   22  ARTICLE, FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY  THIS  ARTICLE
   23  AND  BY  THE REGULATIONS OF THE COMMISSIONER OF EDUCATION SHALL BE CAUSE
   24  FOR REMOVAL WITHIN THE MEANING OF SUBDIVISION FIVE OF THIS SECTION.
   25    (b) I. Administrators,  directors,  supervisors,  principals  and  all
   26  other  members  of  the  supervising  staff, except executive directors,
   27  associate, assistant, district and community superintendents and examin-
   28  ers, APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN AND  authorized
   29  by  section  twenty-five  hundred  fifty-four  of this article, shall be
   30  appointed by the board of education,  upon  the  recommendation  of  the
   31  superintendent  or  chancellor  of schools, for a probationary period of
   32  three years. The service of a person appointed to any of such  positions
   33  may  be  discontinued  at any time during the probationary period on the
   34  recommendation of the superintendent of schools, by a majority  vote  of
   35  the board of education.
   36    II.  ADMINISTRATORS,  DIRECTORS, SUPERVISORS, PRINCIPALS AND ALL OTHER
   37  MEMBERS OF THE SUPERVISING STAFF, EXCEPT EXECUTIVE DIRECTORS, ASSOCIATE,
   38  ASSISTANT,  DISTRICT  AND  COMMUNITY  SUPERINTENDENTS   AND   EXAMINERS,
   39  APPOINTED ON OR AFTER JULY 1, 2015 AND AUTHORIZED BY SECTION TWENTY-FIVE
   40  HUNDRED  FIFTY-FOUR  OF THIS ARTICLE, SHALL BE APPOINTED BY THE BOARD OF
   41  EDUCATION, UPON THE RECOMMENDATION OF THE SUPERINTENDENT  OR  CHANCELLOR
   42  OF  SCHOOLS,  FOR A PROBATIONARY PERIOD OF FIVE YEARS PROVIDED THAT SUCH
   43  PROBATIONARY PERIOD MAY BE EXTENDED IN ACCORDANCE WITH PARAGRAPH (B)  OF
   44  SUBDIVISION  FIVE  OF THIS SECTION. THE SERVICE OF A PERSON APPOINTED TO
   45  ANY OF SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING THE  PROBA-
   46  TIONARY  PERIOD  ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS,
   47  BY A MAJORITY VOTE OF THE BOARD OF EDUCATION.
   48    5. (A) At the expiration of  the  probationary  term  of  any  persons
   49  appointed  for  such term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, the
   50  superintendent of schools shall make a written report to  the  board  of
   51  education  recommending for permanent appointment those persons who have
   52  been found competent, efficient and satisfactory[, consistent  with  any
   53  applicable  rules  of  the  board of regents adopted pursuant to section
   54  three thousand twelve-b of this chapter]. Such persons  and  all  others
   55  employed  in  the  teaching,  service of the schools of a city, who have
   56  served the full probationary period, shall hold their  respective  posi-
       S. 4210                            10
    1  tions  during  good  behavior  and  efficient and competent service, and
    2  shall not be removable except for cause after a hearing as  provided  by
    3  section three thousand twenty-a of this chapter.
    4    (B)  AT  THE  EXPIRATION  OF  THE  PROBATIONARY  TERM  OF  ANY PERSONS
    5  APPOINTED FOR SUCH TERM ON OR AFTER JULY FIRST,  TWO  THOUSAND  FIFTEEN,
    6  THE  SUPERINTENDENT  OF SCHOOLS SHALL MAKE A WRITTEN REPORT TO THE BOARD
    7  OF EDUCATION RECOMMENDING FOR PERMANENT APPOINTMENT  THOSE  PERSONS  WHO
    8  HAVE  BEEN  FOUND COMPETENT, EFFICIENT AND SATISFACTORY AND, IN THE CASE
    9  OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL, WHO HAVE RECEIVED  COMPOS-
   10  ITE  ANNUAL  PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION
   11  THREE THOUSAND TWELVE-C OF THIS CHAPTER, OF EITHER EFFECTIVE  OR  HIGHLY
   12  EFFECTIVE IN EACH OF THE FIVE PRECEDING YEARS. NOTWITHSTANDING ANY OTHER
   13  PROVISION  OF LAW, RULE OR REGULATION TO THE CONTRARY, IF NO AFFIRMATIVE
   14  ACTION IS TAKEN BY THE BOARD  OF  EDUCATION  TO  TERMINATE  A  CLASSROOM
   15  TEACHER  OR BUILDING PRINCIPAL, OR TO APPROVE OR DENY TENURE TO A CLASS-
   16  ROOM TEACHER OR BUILDING PRINCIPAL AT THE EXPIRATION OF THE PROBATIONARY
   17  PERIOD, THE CLASSROOM TEACHER OR  BUILDING  PRINCIPAL  SHALL  REMAIN  IN
   18  PROBATIONARY  STATUS  UNTIL  THE  END  OF  THE SCHOOL YEAR IN WHICH SUCH
   19  TEACHER OR PRINCIPAL HAS RECEIVED SUCH RATINGS OF  EFFECTIVE  OR  HIGHLY
   20  EFFECTIVE FOR THE FIVE PRECEDING SCHOOL YEARS, DURING WHICH TIME A BOARD
   21  OF  EDUCATION SHALL EITHER DISCONTINUE THE SERVICES OF SUCH PERSON, DENY
   22  TENURE OR APPROVE TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING  PRIN-
   23  CIPALS  WHO OTHERWISE HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFAC-
   24  TORY. PROVIDED, HOWEVER, THAT THE BOARD OF EDUCATION  MAY  GRANT  TENURE
   25  CONTINGENT UPON A CLASSROOM TEACHER'S OR BUILDING PRINCIPAL'S RECEIPT OF
   26  SUCH A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE IN THE FIFTH YEAR, AND IF
   27  SUCH CONTINGENCY IS NOT MET, THE GRANT OF TENURE SHALL BE VOID AND UNEN-
   28  FORCEABLE  AND THE TEACHER'S OR PRINCIPAL'S PROBATIONARY PERIOD SHALL BE
   29  EXTENDED IN ACCORDANCE WITH THIS SUBDIVISION. SUCH PERSONS WHO HAVE BEEN
   30  RECOMMENDED FOR TENURE AND ALL OTHERS EMPLOYED IN THE  TEACHING  SERVICE
   31  OF  THE  SCHOOLS OF SUCH SCHOOL DISTRICT WHO HAVE SERVED THE FULL PROBA-
   32  TIONARY PERIOD AS EXTENDED PURSUANT TO THIS SUBDIVISION SHALL HOLD THEIR
   33  RESPECTIVE POSITIONS DURING GOOD BEHAVIOR AND  EFFICIENT  AND  COMPETENT
   34  SERVICE,  AND SHALL NOT BE REMOVABLE EXCEPT FOR CAUSE AFTER A HEARING AS
   35  PROVIDED BY SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER.  FAILURE TO
   36  MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAPTER AND  THE  REGULATIONS
   37  OF THE COMMISSIONER OF EDUCATION SHALL CONSTITUTE CAUSE FOR REMOVAL.
   38    6. (A) In a city having a population of four hundred thousand or more,
   39  at  the expiration of the probationary term of any persons appointed for
   40  such term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, the  superintendent
   41  of  schools shall make a written report to the board of education recom-
   42  mending for permanent appointment those  persons  who  have  been  found
   43  satisfactory[,  consistent  with  any  applicable  rules of the board of
   44  regents adopted pursuant to section  three  thousand  twelve-b  of  this
   45  chapter], and such board of education shall immediately thereafter issue
   46  to such persons permanent certificates of appointment.  Such persons and
   47  all others employed in the teaching service of the schools of such city,
   48  who  have  served  the  full probationary period shall receive permanent
   49  certificates to teach issued to them  by  the  certificating  authority,
   50  except  as  otherwise provided in subdivision ten-a of this section, and
   51  shall hold their respective positions during good behavior and satisfac-
   52  tory teaching service, and shall not be removable except for cause after
   53  a hearing as provided by section three thousand twenty-a of  this  chap-
   54  ter.
   55    (B)  AT  THE  EXPIRATION  OF  THE  PROBATIONARY  TERM  OF  ANY PERSONS
   56  APPOINTED FOR SUCH TERM ON OR AFTER JULY FIRST,  TWO  THOUSAND  FIFTEEN,
       S. 4210                            11
    1  THE  SUPERINTENDENT  OF SCHOOLS SHALL MAKE A WRITTEN REPORT TO THE BOARD
    2  OF EDUCATION RECOMMENDING FOR PERMANENT APPOINTMENT  THOSE  PERSONS  WHO
    3  HAVE  BEEN  FOUND COMPETENT, EFFICIENT AND SATISFACTORY AND, IN THE CASE
    4  OF  A CLASSROOM TEACHER OR BUILDING PRINCIPAL, WHO HAVE RECEIVED COMPOS-
    5  ITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT  TO  SECTION
    6  THREE  THOUSAND  TWELVE-C OF THIS CHAPTER, OF EITHER EFFECTIVE OR HIGHLY
    7  EFFECTIVE IN EACH OF THE FIVE PRECEDING YEARS. NOTWITHSTANDING ANY OTHER
    8  PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IF NO  AFFIRMATIVE
    9  ACTION  IS  TAKEN  BY  THE  BOARD  OF EDUCATION TO TERMINATE A CLASSROOM
   10  TEACHER OR BUILDING PRINCIPAL, OR TO APPROVE OR DENY TENURE TO A  CLASS-
   11  ROOM TEACHER OR BUILDING PRINCIPAL AT THE EXPIRATION OF THE PROBATIONARY
   12  PERIOD,  THE  CLASSROOM  TEACHER  OR  BUILDING PRINCIPAL SHALL REMAIN IN
   13  PROBATIONARY STATUS UNTIL THE END OF  THE  SCHOOL  YEAR  IN  WHICH  SUCH
   14  TEACHER  OR  PRINCIPAL  HAS RECEIVED SUCH RATINGS OF EFFECTIVE OR HIGHLY
   15  EFFECTIVE FOR THE FIVE PRECEDING SCHOOL YEARS, DURING WHICH TIME A BOARD
   16  OF EDUCATION SHALL EITHER DISCONTINUE THE SERVICES OF SUCH PERSON,  DENY
   17  TENURE  OR APPROVE TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING PRIN-
   18  CIPALS WHO OTHERWISE HAVE BEEN FOUND COMPETENT, EFFICIENT AND  SATISFAC-
   19  TORY.  PROVIDED,  HOWEVER,  THAT THE BOARD OF EDUCATION MAY GRANT TENURE
   20  CONTINGENT UPON A CLASSROOM TEACHER'S OR BUILDING PRINCIPAL'S RECEIPT OF
   21  SUCH A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE IN THE FIFTH YEAR, AND IF
   22  SUCH CONTINGENCY IS NOT MET, THE GRANT OF TENURE SHALL BE VOID AND UNEN-
   23  FORCEABLE AND THE TEACHER'S OR PRINCIPAL'S PROBATIONARY PERIOD SHALL  BE
   24  EXTENDED IN ACCORDANCE WITH THIS SUBDIVISION. SUCH PERSONS WHO HAVE BEEN
   25  RECOMMENDED  FOR  TENURE AND ALL OTHERS EMPLOYED IN THE TEACHING SERVICE
   26  OF THE SCHOOLS OF SUCH SCHOOL DISTRICT WHO HAVE SERVED THE  FULL  PROBA-
   27  TIONARY PERIOD AS EXTENDED PURSUANT TO THIS SUBDIVISION SHALL HOLD THEIR
   28  RESPECTIVE  POSITIONS  DURING  GOOD BEHAVIOR AND EFFICIENT AND COMPETENT
   29  SERVICE, AND SHALL NOT BE REMOVABLE EXCEPT FOR CAUSE AFTER A HEARING  AS
   30  PROVIDED BY SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER.  FAILURE TO
   31  MAINTAIN  CERTIFICATION  AS REQUIRED BY THIS CHAPTER AND THE REGULATIONS
   32  OF THE COMMISSIONER OF EDUCATION SHALL CONSTITUTE CAUSE FOR REMOVAL.
   33    S 4. Section 3012 of the education law, the section heading as amended
   34  by chapter 358 of the laws of 1978, subdivision 1 as amended by  chapter
   35  442  of  the  laws of 1980, paragraph (a) of subdivision 1 as amended by
   36  chapter 737 of the laws of 1992, subdivision 2 as amended by  section  8
   37  of  part  A of chapter 57 of the laws of 2007, subdivision 3 as added by
   38  chapter 859 of the laws of 1955 and as renumbered by chapter 717 of  the
   39  laws of 1970, is amended to read as follows:
   40    S 3012. Tenure:  certain school districts.  1. (a) I. Teachers and all
   41  other members of the  teaching  staff  of  school  districts,  including
   42  common  school  districts  and/or  school districts employing fewer than
   43  eight teachers, other than city  school  districts,  WHO  ARE  APPOINTED
   44  PRIOR  TO  JULY  FIRST,  TWO THOUSAND FIFTEEN, shall be appointed by the
   45  board of education, or the trustees of common school districts, upon the
   46  recommendation of the superintendent  of  schools,  for  a  probationary
   47  period  of  three  years,  except  that in the case of a teacher who has
   48  rendered satisfactory service as a regular substitute for  a  period  of
   49  two years or as a seasonally licensed per session teacher of swimming in
   50  day  schools  who  has served in that capacity for a period of two years
   51  and has been appointed to teach the same subject in day schools,  on  an
   52  annual  salary,  the  probationary  period shall be limited to one year;
   53  provided, however, that in the case of a teacher who has been  appointed
   54  on  tenure  in  another  school  district  within  the state, the school
   55  district where currently employed, or a board of cooperative educational
   56  services, and who was not dismissed from such district  or  board  as  a
       S. 4210                            12
    1  result  of  charges brought pursuant to subdivision one of section three
    2  thousand twenty-a of this [chapter]  ARTICLE,  the  probationary  period
    3  shall  not exceed two years. The service of a person appointed to any of
    4  such  positions may be discontinued at any time during such probationary
    5  period, on the recommendation of the superintendent  of  schools,  by  a
    6  majority  vote  of  the  board  of education or the trustees of a common
    7  school district.
    8    II. TEACHERS AND ALL OTHER MEMBERS OF THE  TEACHING  STAFF  OF  SCHOOL
    9  DISTRICTS,  INCLUDING  COMMON  SCHOOL  DISTRICTS AND/OR SCHOOL DISTRICTS
   10  EMPLOYING FEWER THAN EIGHT TEACHERS, OTHER THAN CITY  SCHOOL  DISTRICTS,
   11  WHO ARE APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, SHALL BE
   12  APPOINTED  BY  THE  BOARD OF EDUCATION, OR THE TRUSTEES OF COMMON SCHOOL
   13  DISTRICTS, UPON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, FOR
   14  A PROBATIONARY PERIOD OF FIVE YEARS, EXCEPT THAT IN THE CASE OF A TEACH-
   15  ER WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR SUBSTITUTE  FOR  A
   16  PERIOD  OF  TWO YEARS OR AS A SEASONALLY LICENSED PER SESSION TEACHER OF
   17  SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPACITY FOR A PERIOD  OF
   18  TWO  YEARS  AND  HAS  BEEN  APPOINTED  TO  TEACH THE SAME SUBJECT IN DAY
   19  SCHOOLS, ON AN ANNUAL SALARY, THE  TEACHER  SHALL  BE  APPOINTED  FOR  A
   20  PROBATIONARY  PERIOD OF THREE YEARS; PROVIDED, HOWEVER, THAT IN THE CASE
   21  OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER SCHOOL DISTRICT
   22  WITHIN THE STATE, THE SCHOOL DISTRICT WHERE  CURRENTLY  EMPLOYED,  OR  A
   23  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, AND WHO WAS NOT DISMISSED
   24  FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT  PURSUANT  TO
   25  SUBDIVISION  ONE OF SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE, THE
   26  TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF FOUR YEARS.  THE
   27  SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE DISCONTIN-
   28  UED  AT  ANY TIME DURING SUCH PROBATIONARY PERIOD, ON THE RECOMMENDATION
   29  OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE  OF  THE  BOARD  OF
   30  EDUCATION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT.
   31    (b)  I.  Principals, administrators, supervisors and all other members
   32  of the supervising staff of school districts,  including  common  school
   33  districts  and/or  school districts employing fewer than eight teachers,
   34  other than city school districts, WHO ARE APPOINTED PRIOR TO JULY FIRST,
   35  TWO THOUSAND FIFTEEN, shall be appointed by the board of  education,  or
   36  the trustees of a common school district, upon the recommendation of the
   37  superintendent  of schools for a probationary period of three years. The
   38  service of a person appointed to any of such positions may be discontin-
   39  ued at any time during the probationary period on the recommendation  of
   40  the superintendent of schools, by a majority vote of the board of educa-
   41  tion or the trustees of a common school district.
   42    II.  PRINCIPALS,  ADMINISTRATORS, SUPERVISORS AND ALL OTHER MEMBERS OF
   43  THE SUPERVISING STAFF  OF  SCHOOL  DISTRICTS,  INCLUDING  COMMON  SCHOOL
   44  DISTRICTS  AND/OR  SCHOOL DISTRICTS EMPLOYING FEWER THAN EIGHT TEACHERS,
   45  OTHER THAN CITY SCHOOL DISTRICTS, WHO ARE APPOINTED  ON  OR  AFTER  JULY
   46  FIRST,  TWO  THOUSAND FIFTEEN, SHALL BE APPOINTED BY THE BOARD OF EDUCA-
   47  TION, OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT, UPON THE  RECOMMENDA-
   48  TION  OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF FIVE
   49  YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE
   50  DISCONTINUED AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOMMEN-
   51  DATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD
   52  OF EDUCATION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT.
   53    (c) Any person previously appointed to tenure or a probationary period
   54  pursuant to the provisions of former section three thousand thirteen  of
   55  this  [chapter]  ARTICLE  shall  continue  to  hold such position and be
       S. 4210                            13
    1  governed by the provisions of this section notwithstanding any  contrary
    2  provision of law.
    3    2.  (A)  At  the  expiration  of  the  probationary  term  of a person
    4  appointed for such term PRIOR  TO  JULY  FIRST,  TWO  THOUSAND  FIFTEEN,
    5  subject to the conditions of this section, the superintendent of schools
    6  shall make a written report to the board of education or the trustees of
    7  a  common  school  district recommending for appointment on tenure those
    8  persons who have been  found  competent,  efficient  and  satisfactory[,
    9  consistent  with  any  applicable  rules of the board of regents adopted
   10  pursuant to section three  thousand  twelve-b  of  this  article].  Such
   11  persons,  and all others employed in the teaching service of the schools
   12  of such union free school district, common school district and/or school
   13  district employing fewer than eight teachers, who have served the proba-
   14  tionary period as provided in this section, shall hold their  respective
   15  positions  during good behavior and efficient and competent service, and
   16  shall not be removed except for any of the  following  causes,  after  a
   17  hearing,  as  provided  by section three thousand twenty-a of [such law]
   18  THIS ARTICLE:  (a) insubordination, immoral character or  conduct  unbe-
   19  coming  a  teacher;  (b)  inefficiency, incompetency, physical or mental
   20  disability, or neglect of duty; (c) failure to maintain certification as
   21  required by this chapter and by the  regulations  of  the  commissioner.
   22  Each  person  who  is  not  to be recommended for appointment on tenure,
   23  shall be so notified by the superintendent of  schools  in  writing  not
   24  later than sixty days immediately preceding the expiration of his proba-
   25  tionary period.
   26    (B)  AT  THE EXPIRATION OF THE PROBATIONARY TERM OF A PERSON APPOINTED
   27  FOR SUCH TERM ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN,  SUBJECT  TO
   28  THE CONDITIONS OF THIS SECTION, THE SUPERINTENDENT OF SCHOOLS SHALL MAKE
   29  A  WRITTEN  REPORT TO THE BOARD OF EDUCATION OR THE TRUSTEES OF A COMMON
   30  SCHOOL DISTRICT RECOMMENDING FOR APPOINTMENT ON TENURE THOSE PERSONS WHO
   31  HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY AND, IN  THE  CASE
   32  OF  A CLASSROOM TEACHER OR BUILDING PRINCIPAL, WHO HAVE RECEIVED COMPOS-
   33  ITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT  TO  SECTION
   34  THREE  THOUSAND  TWELVE-C OF THIS ARTICLE, OF EITHER EFFECTIVE OR HIGHLY
   35  EFFECTIVE IN EACH OF THE FIVE PRECEDING YEARS. NOTWITHSTANDING ANY OTHER
   36  PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IF NO  AFFIRMATIVE
   37  ACTION  IS  TAKEN  BY  THE TRUSTEES OR BOARD OF EDUCATION TO TERMINATE A
   38  CLASSROOM TEACHER OR BUILDING PRINCIPAL, OR TO APPROVE OR DENY TENURE TO
   39  A CLASSROOM TEACHER OR BUILDING  PRINCIPAL  AT  THE  EXPIRATION  OF  THE
   40  PROBATIONARY  PERIOD,  THE CLASSROOM TEACHER OR BUILDING PRINCIPAL SHALL
   41  REMAIN IN PROBATIONARY STATUS UNTIL THE END OF THE SCHOOL YEAR IN  WHICH
   42  SUCH  TEACHER  OR  PRINCIPAL  HAS  RECEIVED SUCH RATINGS OF EFFECTIVE OR
   43  HIGHLY EFFECTIVE FOR THE FIVE PRECEDING SCHOOL YEARS, DURING WHICH  TIME
   44  THE TRUSTEES OR BOARD OF EDUCATION SHALL EITHER DISCONTINUE THE SERVICES
   45  OF SUCH PERSON, DENY TENURE OR APPROVE TENURE FOR THOSE CLASSROOM TEACH-
   46  ERS  OR  BUILDING  PRINCIPALS  WHO  OTHERWISE HAVE BEEN FOUND COMPETENT,
   47  EFFICIENT AND SATISFACTORY. PROVIDED,  HOWEVER,  THAT  THE  TRUSTEES  OR
   48  BOARD  OF  EDUCATION MAY GRANT TENURE CONTINGENT UPON A CLASSROOM TEACH-
   49  ER'S OR BUILDING PRINCIPAL'S RECEIPT OF SUCH A RATING  OF  EFFECTIVE  OR
   50  HIGHLY  EFFECTIVE IN THE FIFTH YEAR, AND IF SUCH CONTINGENCY IS NOT MET,
   51  THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE AND THE TEACHER'S OR
   52  PRINCIPAL'S PROBATIONARY PERIOD SHALL BE  EXTENDED  IN  ACCORDANCE  WITH
   53  THIS  SUBDIVISION. SUCH PERSONS WHO HAVE BEEN RECOMMENDED FOR TENURE AND
   54  ALL OTHERS EMPLOYED IN THE TEACHING  SERVICE  OF  THE  SCHOOLS  OF  SUCH
   55  SCHOOL DISTRICT WHO HAVE SERVED THE FULL PROBATIONARY PERIOD AS EXTENDED
   56  PURSUANT  TO  THIS  SUBDIVISION  SHALL  HOLD  THEIR RESPECTIVE POSITIONS
       S. 4210                            14
    1  DURING GOOD BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE, AND SHALL  NOT
    2  BE  REMOVABLE  EXCEPT  FOR  CAUSE AFTER A HEARING AS PROVIDED BY SECTION
    3  THREE THOUSAND TWENTY-A OF THIS ARTICLE.   FAILURE TO  MAINTAIN  CERTIF-
    4  ICATION  AS  REQUIRED BY THIS CHAPTER AND THE REGULATIONS OF THE COMMIS-
    5  SIONER OF EDUCATION SHALL CONSTITUTE CAUSE FOR REMOVAL.
    6    3. Notwithstanding any other provision of this section  no  period  in
    7  any  school year for which there is no required service and/or for which
    8  no compensation is provided shall in any event  constitute  a  break  or
    9  suspension  of probationary period or continuity of tenure rights of any
   10  of the persons hereinabove described.
   11    S 5. Section 3014 of the education law, as added by chapter 583 of the
   12  laws of 1955, subdivision 1 as amended by chapter 551  of  the  laws  of
   13  1976,  subdivision 2 as amended by section 10 of part A of chapter 57 of
   14  the laws of 2007, is amended to read as follows:
   15    S 3014. Tenure: boards of cooperative educational services.    1.  (A)
   16  Administrative  assistants,  supervisors, teachers and all other members
   17  of the teaching and supervising staff of the board of cooperative educa-
   18  tional services APPOINTED PRIOR TO JULY  FIRST,  TWO  THOUSAND  FIFTEEN,
   19  shall be appointed by a majority vote of the board of cooperative educa-
   20  tional  services  upon the recommendation of the district superintendent
   21  of schools for a probationary period  of  not  to  exceed  three  years;
   22  provided,  however, that in the case of a teacher who has been appointed
   23  on tenure in a school district within the state, the  board  of  cooper-
   24  ative educational services where currently employed, or another board of
   25  cooperative  educational  services,  and who was not dismissed from such
   26  district or board as a result of charges brought pursuant to subdivision
   27  one of section three thousand twenty-a of this  [chapter]  ARTICLE,  the
   28  probationary  period shall not exceed two years. Services of a person so
   29  appointed to any such positions may be discontinued at any  time  during
   30  such probationary period, upon the recommendation of the district super-
   31  intendent,  by  a  majority vote of the board of cooperative educational
   32  services.
   33    (B) ADMINISTRATIVE ASSISTANTS, SUPERVISORS,  TEACHERS  AND  ALL  OTHER
   34  MEMBERS  OF  THE  TEACHING AND SUPERVISING STAFF OF THE BOARD OF COOPER-
   35  ATIVE EDUCATIONAL SERVICES APPOINTED ON OR AFTER JULY FIRST,  TWO  THOU-
   36  SAND  FIFTEEN,  SHALL  BE  APPOINTED  BY A MAJORITY VOTE OF THE BOARD OF
   37  COOPERATIVE EDUCATIONAL SERVICES UPON THE RECOMMENDATION OF THE DISTRICT
   38  SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD  OF  NOT  TO  EXCEED
   39  FIVE  YEARS;  PROVIDED,  HOWEVER,  THAT IN THE CASE OF A TEACHER WHO HAS
   40  BEEN APPOINTED ON TENURE IN A SCHOOL  DISTRICT  WITHIN  THE  STATE,  THE
   41  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES WHERE CURRENTLY EMPLOYED, OR
   42  ANOTHER BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES,  AND  WHO  WAS  NOT
   43  DISMISSED  FROM  SUCH  DISTRICT  OR BOARD AS A RESULT OF CHARGES BROUGHT
   44  PURSUANT TO SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A  OF  THIS
   45  ARTICLE,  THE  TEACHER  SHALL  BE APPOINTED FOR A PROBATIONARY PERIOD OF
   46  FOUR YEARS. SERVICES OF A PERSON SO APPOINTED TO ANY SUCH POSITIONS  MAY
   47  BE  DISCONTINUED  AT  ANY TIME DURING SUCH PROBATIONARY PERIOD, UPON THE
   48  RECOMMENDATION OF THE DISTRICT SUPERINTENDENT, BY A MAJORITY VOTE OF THE
   49  BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   50    2. (A) On or before the expiration  of  the  probationary  term  of  a
   51  person  appointed  for  such  term  PRIOR  TO  JULY  FIRST, TWO THOUSAND
   52  FIFTEEN, the district superintendent of schools  shall  make  a  written
   53  report to the board of cooperative educational services recommending for
   54  appointment  on  tenure persons who have been found competent, efficient
   55  and satisfactory[, consistent with any applicable rules of the board  of
   56  regents  adopted  pursuant  to  section  three thousand twelve-b of this
       S. 4210                            15
    1  article]. Such persons shall hold their respective positions during good
    2  behavior and competent and efficient service and shall  not  be  removed
    3  except  for any of the following causes, after a hearing, as provided by
    4  section  three  thousand  twenty-a of [such law] THIS ARTICLE: [(a)] (I)
    5  Insubordination, immoral character  or  conduct  unbecoming  a  teacher;
    6  [(b)]  (II) Inefficiency, incompetency, physical or mental disability or
    7  neglect of duty;  [(c)]  (III)  Failure  to  maintain  certification  as
    8  required  by  this  chapter  and by the regulations of the commissioner.
    9  Each person who is not to be so recommended for  appointment  on  tenure
   10  shall be so notified in writing by the district superintendent not later
   11  than sixty days immediately preceding the expiration of his probationary
   12  period.
   13    (B)  ON  OR BEFORE THE EXPIRATION OF THE PROBATIONARY TERM OF A PERSON
   14  APPOINTED FOR SUCH TERM ON OR AFTER JULY FIRST,  TWO  THOUSAND  FIFTEEN,
   15  THE  DISTRICT  SUPERINTENDENT  OF SCHOOLS SHALL MAKE A WRITTEN REPORT TO
   16  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES RECOMMENDING FOR  APPOINT-
   17  MENT  ON  TENURE  PERSONS  WHO  HAVE BEEN FOUND COMPETENT, EFFICIENT AND
   18  SATISFACTORY AND, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCI-
   19  PAL, WHO HAVE RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW
   20  RATINGS  PURSUANT  TO THREE THOUSAND TWELVE-C OF THIS ARTICLE, OF EITHER
   21  EFFECTIVE OR HIGHLY EFFECTIVE IN  EACH  OF  THE  FIVE  PRECEDING  YEARS.
   22  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, RULE OR REGULATION TO THE
   23  CONTRARY, IF NO AFFIRMATIVE ACTION IS TAKEN BY THE BOARD OF  COOPERATIVE
   24  EDUCATIONAL  SERVICES TO TERMINATE A CLASSROOM TEACHER OR BUILDING PRIN-
   25  CIPAL, OR TO APPROVE OR DENY TENURE TO A CLASSROOM TEACHER  OR  BUILDING
   26  PRINCIPAL  AT  THE  EXPIRATION OF THE PROBATIONARY PERIOD, THE CLASSROOM
   27  TEACHER OR BUILDING PRINCIPAL SHALL REMAIN IN PROBATIONARY STATUS  UNTIL
   28  THE  END  OF  THE  SCHOOL  YEAR  IN  WHICH SUCH TEACHER OR PRINCIPAL HAS
   29  RECEIVED SUCH RATINGS OF EFFECTIVE OR  HIGHLY  EFFECTIVE  FOR  THE  FIVE
   30  PRECEDING  SCHOOL YEARS, DURING WHICH TIME A BOARD OF COOPERATIVE EDUCA-
   31  TIONAL SERVICES SHALL EITHER DISCONTINUE THE SERVICES  OF  SUCH  PERSON,
   32  DENY  TENURE  OR APPROVE TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING
   33  PRINCIPALS WHO OTHERWISE HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATIS-
   34  FACTORY.  PROVIDED, HOWEVER, THAT THE BOARD OF  COOPERATIVE  EDUCATIONAL
   35  SERVICES  MAY  GRANT  TENURE  CONTINGENT  UPON  A CLASSROOM TEACHER'S OR
   36  BUILDING PRINCIPAL'S RECEIPT OF SUCH A RATING  OF  EFFECTIVE  OR  HIGHLY
   37  EFFECTIVE  IN  THE  FIFTH  YEAR, AND IF SUCH CONTINGENCY IS NOT MET, THE
   38  GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE  AND  THE  TEACHER'S  OR
   39  PRINCIPAL'S  PROBATIONARY  PERIOD  SHALL  BE EXTENDED IN ACCORDANCE WITH
   40  THIS SUBDIVISION. SUCH PERSONS SHALL  HOLD  THEIR  RESPECTIVE  POSITIONS
   41  DURING  GOOD  BEHAVIOR AND COMPETENT AND EFFICIENT SERVICE AND SHALL NOT
   42  BE REMOVED EXCEPT FOR ANY OF THE FOLLOWING CAUSES, AFTER A  HEARING,  AS
   43  PROVIDED  BY SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE: (I) INSUB-
   44  ORDINATION, IMMORAL CHARACTER OR  CONDUCT  UNBECOMING  A  TEACHER;  (II)
   45  INEFFICIENCY,  INCOMPETENCY, PHYSICAL OR MENTAL DISABILITY OR NEGLECT OF
   46  DUTY; (III) FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS  CHAP-
   47  TER  AND  BY THE REGULATIONS OF THE COMMISSIONER. EACH PERSON WHO IS NOT
   48  TO BE SO RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE SO  NOTIFIED  IN
   49  WRITING  BY  THE DISTRICT SUPERINTENDENT NOT LATER THAN SIXTY DAYS IMME-
   50  DIATELY PRECEDING THE EXPIRATION OF HIS PROBATIONARY PERIOD.
   51    S 6. Subdivision 1 of section 3012-c of the education law, as  amended
   52  by chapter 21 of the laws of 2012, is amended to read as follows:
   53    1.  Notwithstanding  any other provision of law, rule or regulation to
   54  the contrary, the annual professional performance reviews of all  class-
   55  room  teachers  and  building principals employed by school districts or
   56  boards of cooperative educational services shall be conducted in accord-
       S. 4210                            16
    1  ance with the provisions of this section. Such performance reviews which
    2  are conducted on or after July first, two  thousand  eleven,  or  on  or
    3  after  the  date  specified  in  paragraph  c of subdivision two of this
    4  section  where applicable, shall include measures of student achievement
    5  and be conducted in accordance with this section.  Such  annual  profes-
    6  sional  performance reviews shall be a significant factor for employment
    7  decisions including but not limited  to,  promotion,  retention,  tenure
    8  determination,  termination,  and supplemental compensation, which deci-
    9  sions are to be made in accordance  with  locally  developed  procedures
   10  negotiated pursuant to the requirements of article fourteen of the civil
   11  service  law  where  applicable. Provided, however, that nothing in this
   12  section shall be construed to affect the UNFETTERED statutory right of a
   13  school district or board of cooperative educational services  to  termi-
   14  nate a probationary teacher or principal for ANY statutorily and consti-
   15  tutionally permissible reasons [other than the performance of the teach-
   16  er  or  principal in the classroom or school], including but not limited
   17  to  misconduct  AND  UNTIL  A   TENURE   DECISION   IS   MADE   AT   THE
   18  END/EXPIRATION/CONCLUSION OF THE PROBATIONARY PERIOD, THE PERFORMANCE OF
   19  THE  TEACHER  OR  PRINCIPAL IN THE CLASSROOM.   Such performance reviews
   20  shall also be a significant factor in teacher and principal development,
   21  including but not limited to, coaching, induction support and  differen-
   22  tiated  professional development, which are to be locally established in
   23  accordance with procedures negotiated pursuant to  the  requirements  of
   24  article fourteen of the civil service law.
   25    S  7.  Paragraph b of subdivision 5 of section 3012-c of the education
   26  law, as added by chapter 21 of the laws of 2012, is amended to  read  as
   27  follows:
   28    b. Nothing in this section shall be construed to alter or diminish the
   29  authority of the governing body of a school district or board of cooper-
   30  ative  educational  services  to  grant  or  deny tenure to or terminate
   31  probationary teachers or probationary  building  principals  during  the
   32  pendency  of  an  appeal  pursuant  to  this section for statutorily and
   33  constitutionally permissible reasons [other than] INCLUDING  the  teach-
   34  er's or principal's performance that is the subject of the appeal.
   35    S 8. This act shall take effect immediately.
   36                                  SUBPART D
   37    Section  1. The education law is amended by adding a new section 211-g
   38  to read as follows:
   39    S 211-G. TAKEOVER AND RESTRUCTURING FAILING SCHOOL DISTRICTS. 1. (A) A
   40  SCHOOL DISTRICT, OTHER THAN A SPECIAL ACT SCHOOL DISTRICT AS DEFINED  IN
   41  SUBDIVISION EIGHT OF SECTION FOUR THOUSAND ONE OF THIS CHAPTER, SHALL BE
   42  DEEMED  ELIGIBLE  FOR DESIGNATION AS FAILING UPON A DETERMINATION BY THE
   43  COMMISSIONER, PURSUANT TO REGULATIONS ADOPTED BY SUCH COMMISSIONER, THAT
   44  THE SCHOOL DISTRICT HAS SCORED IN THE LOWEST TWO AND ONE-HALF PERCENT OF
   45  SCHOOL DISTRICTS STATEWIDE WHEN COMPARED TO  OTHER  DISTRICTS  BASED  ON
   46  METRICS  OF  STUDENT  ACHIEVEMENT  AND OUTCOMES PRESCRIBED IN SUCH REGU-
   47  LATIONS WHICH MAY INCLUDE BUT SHALL NOT BE  LIMITED  TO  PERFORMANCE  ON
   48  STATE  ASSESSMENTS,  GRADUATION RATES AND DROP-OUT RATES AND/OR PERFORM-
   49  ANCE OF THE DISTRICT OVER TIME IN  SUCH  MEASURES  OF  STUDENT  ACADEMIC
   50  ACHIEVEMENT  AND OUTCOMES. IN MAKING SUCH DETERMINATION THE COMMISSIONER
   51  SHALL CONSIDER THE SEVERITY AND DURATION OF THE DEFICIENCIES IN  STUDENT
   52  ACHIEVEMENT AND OUTCOMES OF THE DISTRICT.
   53    (B) FOR ANY SCHOOL DISTRICT DEEMED ELIGIBLE FOR A DESIGNATION AS FAIL-
   54  ING, THE COMMISSIONER SHALL APPOINT A DISTRICT REVIEW TEAM TO ASSESS AND
       S. 4210                            17
    1  REPORT ON THE REASONS FOR THE CHRONIC UNDERPERFORMANCE AND THE PROSPECTS
    2  FOR  IMPROVEMENT, UNLESS SUCH AN ASSESSMENT, WHICH IS DEEMED ADEQUATE BY
    3  THE COMMISSIONER, HAS BEEN PREVIOUSLY COMPLETED  BY  A  DISTRICT  REVIEW
    4  TEAM,  INTEGRATED INTERVENTION TEAM OR DISTINGUISHED EDUCATOR WITHIN THE
    5  PREVIOUS YEAR.
    6    (I) THE DISTRICT REVIEW TEAM SHALL HAVE THE MEMBERSHIP  PRESCRIBED  BY
    7  THE  COMMISSIONER,  PROVIDED  THAT  IT SHALL INCLUDE AT LEAST ONE PERSON
    8  WITH EXPERTISE IN THE EDUCATION OF  ENGLISH  LANGUAGE  LEARNERS  AND  AT
    9  LEAST  ONE PERSON WITH EXPERTISE IN THE EDUCATION OF STUDENTS WITH DISA-
   10  BILITIES.
   11    (II) PURSUANT TO REGULATIONS ADOPTED BY THE COMMISSIONER, THE DISTRICT
   12  REVIEW TEAM SHALL EVALUATE THE PERFORMANCE  OF  THE  DISTRICT  BASED  ON
   13  MULTIPLE  INDICATORS  OF  DISTRICT QUALITY INCLUDING STUDENT ATTENDANCE,
   14  SHORT-TERM AND LONG-TERM SUSPENSION RATES, STUDENT PROMOTION AND  GRADU-
   15  ATION  RATES  IN  THE  DISTRICT, OR THE LACK OF DEMONSTRATED SIGNIFICANT
   16  IMPROVEMENT FOR TWO OR MORE CONSECUTIVE YEARS IN ENGLISH  LANGUAGE  ARTS
   17  AND  MATHEMATICS,  EITHER  IN  THE  AGGREGATE  OR  AMONG ALL THE STUDENT
   18  SUBGROUPS USED IN THE STATE'S ACCOUNTABILITY SYSTEM. THE DISTRICT REVIEW
   19  TEAM SHALL ALSO CONSIDER DISTRICT LEADERSHIP AND CAPACITY, SCHOOL LEADER
   20  PRACTICES AND DECISIONS, CURRICULUM  DEVELOPMENT  AND  SUPPORT,  TEACHER
   21  PRACTICES  AND  DECISIONS,  STUDENT  SOCIAL  AND EMOTIONAL DEVELOPMENTAL
   22  HEALTH AND FAMILY AND COMMUNITY ENGAGEMENT.
   23    (C) UPON REVIEW OF THE FINDINGS  OF  THE  DISTRICT  REVIEW  TEAM,  THE
   24  COMMISSIONER  MAY  DECLARE  A DISTRICT AS FAILING. NOT MORE THAN TWO AND
   25  ONE-HALF PERCENT OF THE TOTAL NUMBER  OF  SCHOOL  DISTRICTS  WITHIN  THE
   26  STATE MAY BE DESIGNATED AS FAILING AT ANY GIVEN TIME.
   27    2. (A) UPON DESIGNATION AS A FAILING SCHOOL DISTRICT, THE COMMISSIONER
   28  SHALL  APPOINT  A RECEIVER FOR THE SCHOOL DISTRICT WHO SHALL POSSESS AND
   29  MAINTAIN ALL OF THE POWERS VESTED IN THE SUPERINTENDENT OF  SCHOOLS,  OR
   30  OTHER  CHIEF SCHOOL OFFICER OF THE DISTRICT, AND THE BOARD OF EDUCATION,
   31  AND SHALL HAVE THE POWER TO SUPERSEDE ANY DECISION OF  SUCH  SUPERINTEN-
   32  DENT OR CHIEF SCHOOL OFFICER, OR OF THE BOARD OF EDUCATION. THE RECEIVER
   33  SHALL HAVE AUTHORITY TO REVIEW PROPOSED SCHOOL DISTRICT BUDGETS PRIOR TO
   34  PRESENTATION  TO  THE  DISTRICT  VOTERS, OR IN THE CASE OF A CITY SCHOOL
   35  DISTRICT IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE  THOU-
   36  SAND  OR MORE OR THE ADOPTION OF A CONTINGENCY BUDGET, PRIOR TO APPROVAL
   37  BY THE BOARD OF EDUCATION, AND TO MODIFY THE PROPOSED BUDGET TO  CONFORM
   38  TO THE DISTRICT TURNAROUND PLAN.
   39    (B) THE COMMISSIONER SHALL CONTRACT WITH THE RECEIVER, AND THE COMPEN-
   40  SATION  AND  OTHER  COSTS  OF THE RECEIVER APPOINTED BY THE COMMISSIONER
   41  SHALL BE PAID FROM A STATE APPROPRIATION FOR SUCH  PURPOSE,  OR  BY  THE
   42  SCHOOL DISTRICT, AS DETERMINED BY THE COMMISSIONER.  NOTWITHSTANDING ANY
   43  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, THE RECEIVER AND ANY OF ITS
   44  EMPLOYEES PROVIDING SERVICES IN THE RECEIVERSHIP SHALL  BE  ENTITLED  TO
   45  DEFENSE AND INDEMNIFICATION BY THE SCHOOL DISTRICT TO THE SAME EXTENT AS
   46  A SCHOOL DISTRICT EMPLOYEE.
   47    (C)  THE  RECEIVER  SHALL  BE  A  NON-PROFIT  ENTITY,  ANOTHER  SCHOOL
   48  DISTRICT, OR AN INDIVIDUAL, WHO SHALL OPERATE INDEPENDENTLY,  BUT  WHOSE
   49  CONTRACT MAY BE TERMINATED BY THE COMMISSIONER FOR A VIOLATION OF LAW OR
   50  THE  COMMISSIONER'S  REGULATIONS  OR  FOR  NEGLECT  OF DUTY. AN EXTERNAL
   51  RECEIVER APPOINTED BY THE COMMISSIONER TO OPERATE A DISTRICT UNDER  THIS
   52  SECTION  SHALL  HAVE  FULL  MANAGERIAL AND OPERATIONAL CONTROL OVER SUCH
   53  DISTRICT; PROVIDED, HOWEVER, THAT THE BOARD OF  EDUCATION  SHALL  REMAIN
   54  THE  EMPLOYER  OF RECORD, AND PROVIDED FURTHER THAT ANY EMPLOYMENT DECI-
   55  SIONS OF THE BOARD OF EDUCATION MAY BE SUPERSEDED BY  THE  RECEIVER.  IT
   56  SHALL  BE  THE  DUTY OF THE BOARD OF EDUCATION AND THE SUPERINTENDENT OF
       S. 4210                            18
    1  SCHOOLS TO FULLY COOPERATE WITH THE  RECEIVER  AND  WILLFUL  FAILURE  TO
    2  COOPERATE  OR  INTERFERENCE  WITH  THE  FUNCTIONS  OF THE RECEIVER SHALL
    3  CONSTITUTE WILLFUL NEGLECT OF DUTY FOR PURPOSES OF SECTION THREE HUNDRED
    4  SIX  OF THIS TITLE.  THE RECEIVER OR THE RECEIVER'S DESIGNEE SHALL BE AN
    5  EX OFFICIO NON-VOTING MEMBER OF  THE  BOARD  OF  EDUCATION  ENTITLED  TO
    6  ATTEND ALL MEETINGS OF THE BOARD OF EDUCATION.
    7    3. THE RECEIVER SHALL CREATE A DISTRICT TURNAROUND PLAN TO PROMOTE THE
    8  RAPID  IMPROVEMENT  OF THE FAILING DISTRICT AND SUBMIT IT TO THE COMMIS-
    9  SIONER FOR APPROVAL. THE PLAN SHALL SPECIFICALLY FOCUS ON THE SCHOOL  OR
   10  SCHOOLS  IN  THE DISTRICT THAT HAVE BEEN IDENTIFIED AS BEING IN ACCOUNT-
   11  ABILITY STATUS UNDER THE STATE'S ACCOUNTABILITY SYSTEM AND THE  DISTRICT
   12  POLICIES OR PRACTICES THAT HAVE CONTRIBUTED TO CHRONIC UNDERPERFORMANCE.
   13    4.  BEFORE  CREATING  THE  DISTRICT  TURNAROUND  PLAN REQUIRED BY THIS
   14  SUBDIVISION, THE RECEIVER SHALL CONSULT WITH  LOCAL  STAKEHOLDERS,  SUCH
   15  AS:  (A)  THE BOARD OF EDUCATION; (B) THE SUPERINTENDENT OF SCHOOLS; (C)
   16  BUILDING PRINCIPALS AND OTHER SCHOOL LEADERS;  (D)  TEACHERS  AND  THEIR
   17  COLLECTIVE  BARGAINING  REPRESENTATIVES;  (E)  SCHOOL ADMINISTRATORS AND
   18  THEIR COLLECTIVE BARGAINING REPRESENTATIVES;  (F)  PARENTS  OF  STUDENTS
   19  ATTENDING  THE  SCHOOL  OR THEIR REPRESENTATIVES; (G) REPRESENTATIVES OF
   20  APPLICABLE STATE AND LOCAL SOCIAL SERVICES, HEALTH, AND/OR MENTAL HEALTH
   21  AGENCIES; (H) AS APPROPRIATE,  REPRESENTATIVES  OF  LOCAL  PROVIDERS  OF
   22  CAREER AND TECHNICAL EDUCATION SERVICES, STATE OR LOCAL WORKFORCE DEVEL-
   23  OPMENT AGENCIES AND THE LOCAL BUSINESS COMMUNITY; (I) REPRESENTATIVES OF
   24  LOCAL  PREKINDERGARTEN  PROGRAMS;  AND  (J) REPRESENTATIVES FROM   LOCAL
   25  INSTITUTIONS OF HIGHER EDUCATION.
   26    5. (A) IN THE DEVELOPMENT OF THE DISTRICT TURNAROUND PLAN FOR A  FAIL-
   27  ING  SCHOOL  DISTRICT,  THE  RECEIVER SHALL INCLUDE MEASURES INTENDED TO
   28  MAXIMIZE THE RAPID IMPROVEMENT OF THE ACADEMIC ACHIEVEMENT  OF  STUDENTS
   29  IN  THE DISTRICT AND SHALL ENSURE THAT THE PLAN ADDRESSES DISTRICT LEAD-
   30  ERSHIP AND CAPACITY, SCHOOL LEADER PRACTICES AND  DECISIONS,  CURRICULUM
   31  DEVELOPMENT AND SUPPORT, TEACHER PRACTICES AND DECISIONS, STUDENT SOCIAL
   32  AND  EMOTIONAL DEVELOPMENTAL WELL-BEING, HEALTH AND FAMILY AND COMMUNITY
   33  ENGAGEMENT. TO THE EXTENT PRACTICABLE, THE RECEIVER SHALL BASE THE  PLAN
   34  ON  STUDENT  OUTCOME  DATA,  INCLUDING, BUT NOT LIMITED TO:  (I) STUDENT
   35  ACHIEVEMENT GROWTH DATA BASED ON STATE ASSESSMENTS; (II) OTHER  MEASURES
   36  OF  STUDENT  ACHIEVEMENT;  (III) STUDENT PROMOTION AND GRADUATION RATES;
   37  (IV) ACHIEVEMENT AND GROWTH DATA FOR THE SUBGROUPS OF STUDENTS  USED  IN
   38  THE  STATE'S  ACCOUNTABILITY  SYSTEM;  (V)  STUDENT ATTENDANCE; AND (VI)
   39  LONG-TERM AND SHORT-TERM SUSPENSION RATES.
   40    (B) THE DISTRICT TURNAROUND PLAN SHALL,  AFTER  CONSIDERATION  OF  THE
   41  RECOMMENDATIONS MADE BY THE LOCAL STAKEHOLDER GROUP, INCLUDE THE FOLLOW-
   42  ING: (I) STEPS TO ADDRESS SOCIAL SERVICE, HEALTH AND MENTAL HEALTH NEEDS
   43  OF STUDENTS IN THE DISTRICT AND THEIR FAMILIES IN ORDER TO HELP STUDENTS
   44  ARRIVE AND REMAIN AT SCHOOL READY TO LEARN; PROVIDED, HOWEVER, THAT THIS
   45  MAY  INCLUDE  MENTAL HEALTH AND SUBSTANCE ABUSE SCREENING; (II) STEPS TO
   46  IMPROVE OR EXPAND ACCESS TO CHILD WELFARE SERVICES AND, AS  APPROPRIATE,
   47  SERVICES  IN  THE SCHOOL DISTRICT COMMUNITY TO PROMOTE A SAFE AND SECURE
   48  LEARNING ENVIRONMENT; (III) AS  APPLICABLE,  STEPS  TO  PROVIDE  GREATER
   49  ACCESS  TO  CAREER  AND  TECHNICAL  EDUCATION  AND WORKFORCE DEVELOPMENT
   50  SERVICES PROVIDED TO STUDENTS IN THE  DISTRICT  AND  THEIR  FAMILIES  IN
   51  ORDER TO PROVIDE STUDENTS AND FAMILIES WITH MEANINGFUL EMPLOYMENT SKILLS
   52  AND  OPPORTUNITIES;  (IV)  STEPS TO ADDRESS ACHIEVEMENT GAPS FOR ENGLISH
   53  LANGUAGE LEARNERS, STUDENTS WITH DISABILITIES AND ECONOMICALLY DISADVAN-
   54  TAGED STUDENTS, AS APPLICABLE; (V) STEPS TO ADDRESS SCHOOL  CLIMATE  AND
   55  POSITIVE BEHAVIOR SUPPORT; AND (VI) A BUDGET FOR THE DISTRICT TURNAROUND
   56  PLAN.
       S. 4210                            19
    1    (C)  AS  NECESSARY, THE COMMISSIONERS OF THE DEPARTMENT OF HEALTH, THE
    2  OFFICE OF CHILDREN AND FAMILY SERVICES,  THE  DEPARTMENT  OF  LABOR  AND
    3  OTHER  APPLICABLE  STATE AND LOCAL SOCIAL SERVICE, HEALTH, MENTAL HEALTH
    4  AND CHILD WELFARE  OFFICIALS  SHALL  COORDINATE  WITH  THE  COMMISSIONER
    5  REGARDING  THE  IMPLEMENTATION  OF  THE STRATEGIES DESCRIBED IN SUBPARA-
    6  GRAPHS (I) THROUGH (III) OF PARAGRAPH (B) OF THIS SUBDIVISION  THAT  ARE
    7  INCLUDED IN THE DISTRICT TURNAROUND PLAN AND SHALL, SUBJECT TO APPROPRI-
    8  ATION,   REASONABLY  SUPPORT  THE  IMPLEMENTATION  CONSISTENT  WITH  THE
    9  REQUIREMENTS OF  STATE  AND  FEDERAL  LAW  APPLICABLE  TO  THE  RELEVANT
   10  PROGRAMS  THAT  EACH  SUCH OFFICIAL IS RESPONSIBLE FOR ADMINISTERING AND
   11  GRANT FAILING SCHOOLS PRIORITY  ACCESS  TO  COMPETITIVE  GRANTS  TO  THE
   12  EXTENT ALLOWABLE.
   13    (D)  IN ORDER TO ASSESS THE SCHOOL DISTRICT ACROSS MULTIPLE INDICATORS
   14  OF DISTRICT PERFORMANCE AND STUDENT  SUCCESS,  THE  DISTRICT  TURNAROUND
   15  PLAN  SHALL  INCLUDE, MEASURABLE ANNUAL GOALS INCLUDING, BUT NOT LIMITED
   16  TO, THE FOLLOWING: (I) STUDENT ATTENDANCE; (II) SHORT-TERM AND LONG-TERM
   17  SUSPENSION RATES; (III) STUDENT  SAFETY  AND  DISCIPLINE;  (IV)  STUDENT
   18  PROMOTION AND GRADUATION AND DROP-OUT RATES; (V) STUDENT ACHIEVEMENT AND
   19  GROWTH  ON  STATE ASSESSMENTS; (VI) PROGRESS IN AREAS OF ACADEMIC UNDER-
   20  PERFORMANCE; (VII) PROGRESS AMONG THE SUBGROUPS OF STUDENTS USED IN  THE
   21  STATE'S  ACCOUNTABILITY  SYSTEM;  (VIII)  REDUCTION  OF ACHIEVEMENT GAPS
   22  AMONG DIFFERENT GROUPS OF STUDENTS;  (IX)  DEVELOPMENT  OF  COLLEGE  AND
   23  CAREER  READINESS, INCLUDING AT THE ELEMENTARY AND MIDDLE SCHOOL LEVELS;
   24  (X) PARENT AND FAMILY ENGAGEMENT; (XI) BUILDING A  CULTURE  OF  ACADEMIC
   25  SUCCESS  AMONG STUDENTS; (XII) BUILDING A CULTURE OF STUDENT SUPPORT AND
   26  SUCCESS AMONG FACULTY AND STAFF; AND (XIII) USING DEVELOPMENTALLY APPRO-
   27  PRIATE CHILD ASSESSMENTS FROM PRE-KINDERGARTEN THROUGH THIRD  GRADE,  IF
   28  APPLICABLE.
   29    (E)  NOTWITHSTANDING  ANY  OTHER  APPLICABLE  LAW  TO THE CONTRARY, IN
   30  CREATING THE DISTRICT TURNAROUND PLAN, THE RECEIVER SHALL: (I) ESTABLISH
   31  COMMUNITY SCHOOLS AT SCHOOLS IN THE DISTRICT TO PROVIDE EXPANDED HEALTH,
   32  MENTAL HEALTH AND OTHER SERVICES TO THE COMMUNITY; (II) EXPAND, ALTER OR
   33  REPLACE THE CURRICULUM AND PROGRAM OFFERINGS OF THE  DISTRICT  OR  OF  A
   34  SCHOOL  IN  THE DISTRICT, INCLUDING THE IMPLEMENTATION OF RESEARCH-BASED
   35  EARLY LITERACY PROGRAMS, EARLY INTERVENTIONS FOR STRUGGLING READERS  AND
   36  THE  TEACHING OF ADVANCED PLACEMENT COURSES OR OTHER RIGOROUS NATIONALLY
   37  OR INTERNATIONALLY RECOGNIZED COURSES, IF THE DISTRICT OR SCHOOLS IN THE
   38  DISTRICT DO NOT ALREADY HAVE SUCH PROGRAMS  OR  COURSES;  (III)  REPLACE
   39  UNQUALIFIED  TEACHERS  AND  ADMINISTRATORS, INCLUDING SCHOOL LEADERSHIP;
   40  (IV) PROVIDE FUNDS, SUBJECT TO APPROPRIATION  TO  INCREASE  SALARIES  OF
   41  CURRENT  OR PROSPECTIVE TEACHERS OR ADMINISTRATORS IN THE DISTRICT WORK-
   42  ING IN A SCHOOL IN ACCOUNTABILITY STATUS; AND  (V)  ESTABLISH  STEPS  TO
   43  IMPROVE HIRING, INDUCTION, TEACHER EVALUATION, PROFESSIONAL DEVELOPMENT,
   44  TEACHER ADVANCEMENT, SCHOOL CULTURE AND ORGANIZATIONAL STRUCTURE.
   45    IN  ADDITION  TO  THESE  INTERVENTIONS,  THE  RECEIVER  MAY TAKE OTHER
   46  ACTIONS TO SUPPORT THE TURNAROUND PLAN INCLUDING BUT NOT LIMITED TO: (I)
   47  REALLOCATE THE USES OF THE EXISTING BUDGET OF THE DISTRICT; (II)  EXPAND
   48  THE  SCHOOL DAY OR SCHOOL YEAR OR BOTH OF SCHOOLS IN THE DISTRICT; (III)
   49  LIMIT, SUSPEND OR CHANGE ONE OR  MORE  PROVISIONS  OF  ANY  CONTRACT  OR
   50  COLLECTIVE BARGAINING AGREEMENT IN THE DISTRICT; PROVIDED, HOWEVER, THAT
   51  THE  RECEIVER  SHALL  NOT  REDUCE  THE COMPENSATION OF AN ADMINISTRATOR,
   52  TEACHER OR STAFF MEMBER UNLESS THE HOURS OF THE PERSON  ARE  PROPORTION-
   53  ATELY  REDUCED;  (IV) ADD FULL-DAY PRE-KINDERGARTEN AND FULL-DAY KINDER-
   54  GARTEN PROGRAMS, IF THE DISTRICT DOES NOT ALREADY  HAVE  SUCH  PROGRAMS;
   55  (V)  DIRECT  THE  RECEIVER, IN ACCORDANCE WITH PARAGRAPHS (F) AND (G) OF
   56  THIS SUBDIVISION, TO ABOLISH THE POSITIONS OF ALL MEMBERS OF THE  TEACH-
       S. 4210                            20
    1  ING AND ADMINISTRATIVE AND SUPERVISORY STAFF ASSIGNED TO A SCHOOL DESIG-
    2  NATED  AS  A  FAILING SCHOOL PURSUANT TO SECTION TWO HUNDRED ELEVEN-F OF
    3  THIS PART, AND  TERMINATE  THE  EMPLOYMENT  OF  ANY  BUILDING  PRINCIPAL
    4  ASSIGNED  TO  SUCH  A SCHOOL AND REQUIRE THEM TO REAPPLY FOR THEIR POSI-
    5  TIONS IN THE DISTRICT, WITH  FULL  DISCRETION  VESTED  IN  THE  RECEIVER
    6  REGARDING  ANY  SUCH REAPPLICATIONS; (VI) INCLUDE A PROVISION OF JOB-EM-
    7  BEDDED PROFESSIONAL DEVELOPMENT FOR TEACHERS IN THE  DISTRICT,  WITH  AN
    8  EMPHASIS  ON  STRATEGIES  THAT INVOLVE TEACHER INPUT AND FEEDBACK; (VII)
    9  ESTABLISH A PLAN FOR PROFESSIONAL DEVELOPMENT FOR ADMINISTRATORS IN  THE
   10  DISTRICT,  WITH AN EMPHASIS ON STRATEGIES THAT DEVELOP LEADERSHIP SKILLS
   11  AND USE THE PRINCIPLES OF DISTRIBUTIVE LEADERSHIP; AND/OR  (VIII)  ORDER
   12  THE  CONVERSION OF A DISTRICT SCHOOL THAT HAS BEEN DESIGNATED AS FAILING
   13  PURSUANT TO SECTION TWO HUNDRED ELEVEN-F OF THIS PART WITHOUT A VOTE  OF
   14  THE  PARENTS  OF  THE  SCHOOL,  PROVIDED  THAT NOTWITHSTANDING ANY OTHER
   15  PROVISION OF THE LAW TO THE CONTRARY, THE BOARD OF REGENTS SHALL BE  THE
   16  CHARTER  ENTITY  FOR SUCH CHARTER SCHOOL AND THE PROVISIONS OF PARAGRAPH
   17  (B) AND SUBPARAGRAPH (I) OF PARAGRAPH  (B-1)  OF  SUBDIVISION  THREE  OF
   18  SECTION  TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER SHALL NOT APPLY
   19  TO SUCH A CONVERSION CHARTER SCHOOL.
   20    (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
   21  THE  CONTRARY, UPON DESIGNATION OF A SCHOOL DISTRICT AS A FAILING SCHOOL
   22  DISTRICT PURSUANT TO SECTION TWO HUNDRED  ELEVEN-G  OF  THIS  PART,  THE
   23  ABOLITION OF POSITIONS OF MEMBERS OF THE TEACHING AND ADMINISTRATIVE AND
   24  SUPERVISORY STAFF OF THE SCHOOL DISTRICT SHALL THEREAFTER BE GOVERNED BY
   25  THE   APPLICABLE   PROVISIONS   OF   SECTION  TWENTY-FIVE  HUNDRED  TEN,
   26  TWENTY-FIVE HUNDRED EIGHTY-FIVE,  TWENTY-FIVE  HUNDRED  EIGHTY-EIGHT  OR
   27  THREE THOUSAND THIRTEEN OF THIS CHAPTER. A CLASSROOM TEACHER OR BUILDING
   28  PRINCIPAL  WHO HAS RECEIVED TWO OR MORE COMPOSITE RATINGS OF INEFFECTIVE
   29  ON AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW OR WHO HAS  NEVER  RECEIVED
   30  AN EFFECTIVE OR HIGHLY EFFECTIVE RATING ON SUCH A REVIEW SHALL BE DEEMED
   31  NOT  TO  HAVE RENDERED FAITHFUL AND COMPETENT SERVICE WITHIN THE MEANING
   32  OF SECTION TWENTY-FIVE HUNDRED  TEN,  TWENTY-FIVE  HUNDRED  EIGHTY-FIVE,
   33  TWENTY-FIVE  HUNDRED  EIGHTY-EIGHT  OR  THREE  THOUSAND THIRTEEN OF THIS
   34  CHAPTER. WHEN A POSITION OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL IS
   35  ABOLISHED, THE SERVICES OF THE TEACHER OR  ADMINISTRATOR  OR  SUPERVISOR
   36  WITHIN  THE  TENURE  AREA  OF  THE POSITION WITH THE LOWEST SCORE ON THE
   37  STATE GROWTH AND OTHER COMPARABLE  MEASURES  SUBCOMPONENT  OF  THE  MOST
   38  RECENT  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW SHALL BE DISCONTINUED,
   39  PROVIDED THAT SENIORITY WITHIN THE TENURE OF THE POSITION SHALL BE  USED
   40  SOLELY  TO  DETERMINE WHICH POSITION SHOULD BE DISCONTINUED IN THE EVENT
   41  OF A TIE.
   42    (G) THE RECEIVER MAY ABOLISH THE  POSITIONS  OF  ALL  MEMBERS  OF  THE
   43  TEACHING  AND SUPERVISORY STAFF ASSIGNED TO A SCHOOL DESIGNATED AS FAIL-
   44  ING PURSUANT TO SECTION TWO HUNDRED ELEVEN-F OF THIS PART, AND TERMINATE
   45  ANY BUILDING PRINCIPAL ASSIGNED TO SUCH SCHOOL WHO IS NOT IN  A  TENURED
   46  POSITION,  AND REQUIRE THEM TO REAPPLY FOR PROBATIONARY APPOINTMENT. THE
   47  RECEIVER SHALL HAVE THE SAME DISCRETION UPON SUCH REAPPLICATION  AS  THE
   48  BOARD  OF  EDUCATION  HAS WITH ANY CANDIDATE FOR A PROBATIONARY APPOINT-
   49  MENT. A DETERMINATION OF THE RECEIVER NOT TO REHIRE A TEACHER,  ADMINIS-
   50  TRATOR  OR  SUPERVISOR  MAY  BE APPEALED TO THE COMMISSIONER PURSUANT TO
   51  SECTION THREE HUNDRED TEN OF THIS TITLE,  PROVIDED  THAT  SUCH  DETERMI-
   52  NATION MAY ONLY BE SET ASIDE UPON A FINDING THAT THE RECEIVER'S DETERMI-
   53  NATION WAS MADE IN BAD FAITH OR FOR CONSTITUTIONAL OR STATUTORY REASONS.
   54  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, A MEMBER OF
   55  THE TEACHING OR ADMINISTRATIVE STAFF WHO IS NOT REHIRED PURSUANT TO THIS
   56  PARAGRAPH SHALL NOT HAVE ANY RIGHT TO BUMP OR DISPLACE ANY OTHER  PERSON
       S. 4210                            21
    1  EMPLOYED BY THE DISTRICT, BUT SHALL BE PLACED ON A PREFERRED ELIGIBILITY
    2  LIST IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SECTION TWENTY-FIVE
    3  HUNDRED TEN, TWENTY-FIVE HUNDRED EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHT-
    4  Y-EIGHT OR THREE THOUSAND THIRTEEN OF THIS CHAPTER.
    5    (H)  FOR  A  DISTRICT WITH ENGLISH LANGUAGE LEARNERS, THE PROFESSIONAL
    6  DEVELOPMENT AND PLANNING TIME FOR TEACHERS AND ADMINISTRATORS IDENTIFIED
    7  IN SUBPARAGRAPHS (IX) THROUGH (XI), INCLUSIVE, OF PARAGRAPH (D) OF  THIS
    8  SUBDIVISION  SHALL  INCLUDE  SPECIFIC STRATEGIES AND CONTENT DESIGNED TO
    9  MAXIMIZE THE RAPID ACADEMIC ACHIEVEMENT OF ENGLISH LANGUAGE LEARNERS  IN
   10  THE DISTRICT.
   11    6.  A  FINAL  DISTRICT TURNAROUND PLAN SHALL BE ISSUED BY THE RECEIVER
   12  WITHIN SIX MONTHS OF DESIGNATION OF THE DISTRICT  AS  A  FAILING  SCHOOL
   13  DISTRICT.  A  COPY OF SUCH PLAN SHALL BE PROVIDED TO THE BOARD OF EDUCA-
   14  TION, THE SUPERINTENDENT OF SCHOOLS AND THE COLLECTIVE BARGAINING REPRE-
   15  SENTATIVES OF TEACHERS AND ADMINISTRATORS OF THE  SCHOOL  DISTRICT.  THE
   16  PLAN SHALL BE PUBLICLY AVAILABLE AND SHALL BE POSTED ON THE DEPARTMENT'S
   17  WEBSITE AND THE SCHOOL DISTRICT'S WEBSITE, AND THE SCHOOL DISTRICT SHALL
   18  PROVIDE  NOTICE  TO  PARENTS  OF  SUCH  DISTRICT TURNAROUND PLAN AND ITS
   19  AVAILABILITY.
   20    7. THE DISTRICT TURNAROUND PLAN SHALL BE AUTHORIZED FOR  A  PERIOD  OF
   21  NOT  MORE  THAN  THREE YEARS. THE RECEIVER MAY DEVELOP ADDITIONAL COMPO-
   22  NENTS OF THE PLAN AND SHALL DEVELOP ANNUAL GOALS FOR EACH  COMPONENT  OF
   23  THE PLAN IN A MANNER CONSISTENT WITH THE PROVISIONS OF THIS SECTION. THE
   24  RECEIVER  SHALL  BE  RESPONSIBLE  FOR  MEETING THE GOALS OF THE DISTRICT
   25  TURNAROUND PLAN.
   26    8. THE RECEIVER SHALL PROVIDE A WRITTEN REPORT TO THE BOARD OF  EDUCA-
   27  TION  ON  A  QUARTERLY  BASIS  TO PROVIDE SPECIFIC INFORMATION ABOUT THE
   28  PROGRESS BEING MADE ON THE IMPLEMENTATION  OF  THE  DISTRICT'S  DISTRICT
   29  TURNAROUND PLAN. ONE OF THE QUARTERLY REPORTS SHALL BE THE ANNUAL EVALU-
   30  ATION REQUIRED IN SUBDIVISION NINE OF THIS SECTION.
   31    9.  THE COMMISSIONER SHALL EVALUATE THE PERFORMANCE OF THE RECEIVER ON
   32  NOT LESS THAN AN ANNUAL BASIS. THE PURPOSE OF SUCH EVALUATION  SHALL  BE
   33  TO  ASSESS THE IMPLEMENTATION OF THE DISTRICT TURNAROUND PLAN AND DETER-
   34  MINE WHETHER THE DISTRICT HAS MET THE  ANNUAL  GOALS  CONTAINED  IN  THE
   35  DISTRICT TURNAROUND PLAN. THE EVALUATION SHALL BE IN WRITING AND SUBMIT-
   36  TED  TO  THE  COMMISSIONER  AND  THE  BOARD  OF  EDUCATION OF THE SCHOOL
   37  DISTRICT NO LATER THAN JULY FIRST FOR THE PRECEDING SCHOOL YEAR.  IF THE
   38  COMMISSIONER DETERMINES THAT THE DISTRICT HAS MET THE ANNUAL PERFORMANCE
   39  GOALS STATED IN THE DISTRICT TURNAROUND PLAN, THE  EVALUATION  SHALL  BE
   40  CONSIDERED  SUFFICIENT AND THE IMPLEMENTATION OF THE DISTRICT TURNAROUND
   41  PLAN SHALL CONTINUE. IF THE COMMISSIONER DETERMINES  THAT  THE  RECEIVER
   42  HAS  NOT  MET  ONE OR MORE GOALS IN THE PLAN AND THE FAILURE TO MEET THE
   43  GOALS MAY BE CORRECTED THROUGH REASONABLE MODIFICATION OF THE PLAN,  THE
   44  COMMISSIONER  MAY  REQUIRE THE RECEIVER TO AMEND THE DISTRICT TURNAROUND
   45  PLAN, AS NECESSARY. IF THE COMMISSIONER DETERMINES THAT THE RECEIVER HAS
   46  SUBSTANTIALLY FAILED TO MEET MULTIPLE GOALS IN THE  DISTRICT  TURNAROUND
   47  PLAN,  THE  COMMISSIONER  MAY  TERMINATE  THE CONTRACT OF SUCH RECEIVER;
   48  PROVIDED, HOWEVER, THAT THE  TERMINATION  SHALL  NOT  OCCUR  BEFORE  THE
   49  COMPLETION  OF  THE  FIRST  FULL  SCHOOL YEAR OF THE RECEIVERSHIP OF THE
   50  DISTRICT.
   51    10. AFTER THE PERIOD OF RECEIVERSHIP, THE COMMISSIONER SHALL CONDUCT A
   52  REEVALUATION OF A DISTRICT'S STATUS AS FAILING PURSUANT TO THIS SECTION.
   53  THE COMMISSIONER SHALL ADOPT REGULATIONS PROVIDING FOR:  THE REMOVAL  OF
   54  A  DESIGNATION  OF  A  DISTRICT  AS CHRONICALLY UNDERPERFORMING; AND THE
   55  TRANSFER OF THE OPERATION OF A CHRONICALLY UNDERPERFORMING DISTRICT FROM
   56  AN EXTERNAL RECEIVER BACK TO THE SUPERINTENDENT OF SCHOOLS AND THE BOARD
       S. 4210                            22
    1  OF EDUCATION OF THE SCHOOL DISTRICT, BASED ON THE MEASURABLE IMPROVEMENT
    2  OF THE DISTRICT.
    3    (A)  THE  REGULATIONS  SHALL INCLUDE PROVISIONS TO ALLOW A DISTRICT TO
    4  RETAIN MEASURES ADOPTED IN A DISTRICT TURNAROUND PLAN FOR A TRANSITIONAL
    5  PERIOD IF, IN THE JUDGMENT  OF  THE  COMMISSIONER,  THE  MEASURES  WOULD
    6  CONTRIBUTE  TO  THE  CONTINUED  IMPROVEMENT  OF THE DISTRICT. SUCH REGU-
    7  LATIONS SHALL ALSO INCLUDE PROVISIONS THAT CLEARLY IDENTIFY  THE  CONDI-
    8  TIONS  UNDER  WHICH  SUCH A TRANSITIONAL PERIOD SHALL END AND THE POWERS
    9  GRANTED TO THE COMMISSIONER UNDER THIS SECTION SHALL CEASE TO APPLY TO A
   10  DISTRICT PREVIOUSLY DESIGNATED AS A FAILING SCHOOL DISTRICT.
   11    (B) PURSUANT TO THE REGULATIONS PROMULGATED BY  THE  COMMISSIONER,  AT
   12  ANY  TIME  AFTER A FAILING DISTRICT HAS BEEN PLACED IN RECEIVERSHIP, THE
   13  BOARD OF EDUCATION OF THE SCHOOL DISTRICT MAY PETITION THE  COMMISSIONER
   14  FOR A DETERMINATION AS TO WHETHER THE DISTRICT TURNAROUND PLAN SHOULD BE
   15  MODIFIED  OR  ELIMINATED AND WHETHER THE SCHOOL DISTRICT SHALL NO LONGER
   16  BE DESIGNATED AS FAILING. THE BOARD OF EDUCATION  OF  A  FAILING  SCHOOL
   17  DISTRICT  MAY  SEEK REVIEW BY COMMISSIONER FOLLOWING AN ADVERSE DETERMI-
   18  NATION.
   19    (C) IF, PURSUANT TO THE REGULATIONS ADOPTED  BY  THE  COMMISSIONER,  A
   20  DISTRICT  HAS NOT IMPROVED SUFFICIENTLY TO REMOVE THE DESIGNATION OF THE
   21  DISTRICT AS FAILING, THE COMMISSIONER MAY: (I) JOINTLY DETERMINE  SUBSE-
   22  QUENT  ANNUAL  GOALS  FOR EACH COMPONENT OF THE DISTRICT TURNAROUND PLAN
   23  WITH THE RECEIVER AND RENEW THE DISTRICT TURNAROUND PLAN  FOR  AN  ADDI-
   24  TIONAL  PERIOD  OF  NOT  MORE  THAN  THREE  YEARS; OR (II) TERMINATE THE
   25  CONTRACT OF THE RECEIVER, APPOINT A NEW RECEIVER AND  CREATE  A  NEW  OR
   26  MODIFIED  DISTRICT  TURNAROUND PLAN, CONSISTENT WITH THE REQUIREMENTS OF
   27  THIS SECTION.
   28    S 2. The education law is amended by adding a  new  section  211-f  to
   29  read as follows:
   30    S  211-F.  TAKE  OVER  AND RESTRUCTURING FAILING SCHOOLS.   1. (A) THE
   31  COMMISSIONER SHALL DESIGNATE AS FAILING EACH OF THE  SCHOOLS  THAT  HAVE
   32  BEEN  IDENTIFIED UNDER THE STATE'S ACCOUNTABILITY SYSTEM TO BE AMONG THE
   33  LOWEST ACHIEVING FIVE PERCENT OF PUBLIC SCHOOLS IN THE  STATE  (PRIORITY
   34  SCHOOLS)  FOR  AT  LEAST  THREE  YEARS  BASED  UPON  MEASURES OF STUDENT
   35  ACHIEVEMENT AND OUTCOMES AND A METHODOLOGY PRESCRIBED IN THE REGULATIONS
   36  OF THE COMMISSIONER, PROVIDED THAT THIS LIST SHALL NOT  INCLUDE  SCHOOLS
   37  WITHIN  A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SUBDIVISION EIGHT OF
   38  SECTION FOUR THOUSAND ONE OF THIS CHAPTER OR SCHOOLS CHARTERED  PURSUANT
   39  TO ARTICLE FIFTY-SIX OF THIS CHAPTER.
   40    (B)  A FAILING SCHOOL SHALL OPERATE IN ACCORDANCE WITH LAWS REGULATING
   41  OTHER PUBLIC SCHOOLS, EXCEPT AS SUCH PROVISIONS MAY CONFLICT  WITH  THIS
   42  SECTION OR ANY SCHOOL INTERVENTION PLANS CREATED THEREUNDER.
   43    (C) UPON THE DESIGNATION OF A SCHOOL AS A FAILING SCHOOL IN ACCORDANCE
   44  WITH  REGULATIONS  DEVELOPED  PURSUANT TO THIS SECTION, THE COMMISSIONER
   45  SHALL APPOINT AN EXTERNAL RECEIVER TO MANAGE AND OPERATE THE SCHOOL  AND
   46  TO  DEVELOP AND IMPLEMENT A SCHOOL INTERVENTION PLAN FOR THE SCHOOL. THE
   47  COMMISSIONER SHALL MAKE SUCH APPOINTMENTS AS EXPEDITIOUSLY AS  POSSIBLE,
   48  AND IN PRIORITIZING SCHOOLS FOR APPOINTMENTS THE COMMISSIONER SHALL GIVE
   49  PRIORITY BASED ON THE SEVERITY AND DURATION OF THE SCHOOL'S DEFICIENCIES
   50  IN STUDENT ACHIEVEMENT AND OUTCOMES.
   51    2.  (A)  THE  RECEIVER  SHALL  BE AUTHORIZED TO MANAGE AND OPERATE THE
   52  FAILING SCHOOL AND SHALL HAVE THE POWER TO SUPERSEDE ANY DECISION OF THE
   53  SUPERINTENDENT OF SCHOOLS OR CHIEF SCHOOL OFFICER, OR OF  THE  BOARD  OF
   54  EDUCATION  OR  OF  THE  BUILDING  PRINCIPAL  THAT IN THE JUDGMENT OF THE
   55  RECEIVER CONFLICTS WITH THE SCHOOL IMPROVEMENT PLAN. THE RECEIVER  SHALL
   56  HAVE AUTHORITY TO REVIEW PROPOSED SCHOOL DISTRICT BUDGETS PRIOR TO PRES-
       S. 4210                            23
    1  ENTATION  TO  THE  DISTRICT  VOTERS,  OR  IN  THE  CASE OF A CITY SCHOOL
    2  DISTRICT IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE  THOU-
    3  SAND  OR MORE OR THE ADOPTION OF A CONTINGENCY BUDGET, PRIOR TO APPROVAL
    4  BY  THE BOARD OF EDUCATION, AND TO MODIFY THE PROPOSED BUDGET TO CONFORM
    5  TO THE SCHOOL INTERVENTION PLAN.
    6    (B) THE PROVISIONS OF PARAGRAPHS (B) AND (C)  OF  SUBDIVISION  TWO  OF
    7  SECTION  TWO  HUNDRED  ELEVEN-G  OF  THIS  PART SHALL APPLY TO RECEIVERS
    8  APPOINTED PURSUANT TO THIS SECTION.
    9    3. BEFORE DEVELOPING THE SCHOOL INTERVENTION PLAN, THE RECEIVER  SHALL
   10  CONSULT WITH LOCAL STAKEHOLDERS SUCH AS: (A) THE BOARD OF EDUCATION; (B)
   11  THE  SUPERINTENDENT OF SCHOOLS; (C) THE BUILDING PRINCIPAL; (D) TEACHERS
   12  ASSIGNED TO THE SCHOOL AND THEIR COLLECTIVE  BARGAINING  REPRESENTATIVE;
   13  (E)  SCHOOL  ADMINISTRATORS  ASSIGNED TO THE SCHOOL AND THEIR COLLECTIVE
   14  BARGAINING REPRESENTATIVE; (F) PARENTS OF STUDENTS ATTENDING THE  SCHOOL
   15  OR  THEIR  REPRESENTATIVES;  (G) REPRESENTATIVES OF APPLICABLE STATE AND
   16  LOCAL SOCIAL SERVICE, HEALTH AND MENTAL HEALTH AGENCIES; (H)  AS  APPRO-
   17  PRIATE,  REPRESENTATIVES  OF LOCAL CAREER EDUCATION PROVIDERS, STATE AND
   18  LOCAL WORKFORCE DEVELOPMENT AGENCIES AND THE LOCAL  BUSINESS  COMMUNITY;
   19  (I)  FOR  ELEMENTARY  SCHOOLS,  REPRESENTATIVES OF LOCAL PREKINDERGARTEN
   20  PROGRAMS AND, (J) AS NEEDED FOR MIDDLE SCHOOLS OR HIGH  SCHOOLS,  REPRE-
   21  SENTATIVES OF LOCAL HIGHER EDUCATION INSTITUTIONS.
   22    4.  IN  CREATING  THE  SCHOOL  INTERVENTION  PLAN,  THE RECEIVER SHALL
   23  INCLUDE PROVISIONS INTENDED TO MAXIMIZE THE RAPID  ACADEMIC  ACHIEVEMENT
   24  OF  STUDENTS  AT  THE  SCHOOL  AND  SHALL ENSURE THAT THE PLAN ADDRESSES
   25  DISTRICT LEADERSHIP AND CAPACITY, SCHOOL LEADER PRACTICES AND DECISIONS,
   26  CURRICULUM DEVELOPMENT AND SUPPORT,  TEACHER  PRACTICES  AND  DECISIONS,
   27  STUDENT  SOCIAL AND EMOTIONAL DEVELOPMENTAL HEALTH AND FAMILY AND COMMU-
   28  NITY ENGAGEMENT. THE RECEIVER SHALL, TO THE EXTENT PRACTICABLE, BASE THE
   29  PLAN ON THE FINDINGS OF ANY RECENT DIAGNOSTIC REVIEW  OR  ASSESSMENT  OF
   30  THE  SCHOOL  THAT  HAS  BEEN  CONDUCTED  AND,  AS APPLIED TO THE SCHOOL,
   31  STUDENT OUTCOME DATA AS SPECIFIED IN PARAGRAPH (A) OF  SUBDIVISION  FIVE
   32  OF SECTION TWO HUNDRED ELEVEN-G OF THIS PART.
   33    5.  (A) THE RECEIVER SHALL ADDRESS IN THE SCHOOL INTERVENTION PLAN THE
   34  STRATEGIES SET FORTH IN PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION TWO
   35  HUNDRED ELEVEN-G OF THIS PART, AS APPLIED TO  THE  SCHOOL,  EXCEPT  THAT
   36  INSTEAD  OF  THE  SCHOOL  DISTRICT  BUDGET, THE SCHOOL INTERVENTION PLAN
   37  SHALL INCLUDE A FINANCIAL PLAN.
   38    (B) AS NECESSARY, THE COMMISSIONERS OF THE DEPARTMENT OF  HEALTH,  THE
   39  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE DEPARTMENT OF LABOR AND
   40  OTHER APPLICABLE STATE AND LOCAL SOCIAL SERVICE, HEALTH,  MENTAL  HEALTH
   41  AND CHILD WELFARE OFFICIALS SHALL COORDINATE WITH THE RECEIVER REGARDING
   42  THE  IMPLEMENTATION  OF  THE  STRATEGIES  DESCRIBED IN SUBPARAGRAPHS (I)
   43  THROUGH (III) OF PARAGRAPH  (B)  OF  SUBDIVISION  FIVE  OF  SECTION  TWO
   44  HUNDRED  ELEVEN-G  OF  THIS  PART THAT ARE INCLUDED IN THE SCHOOL INTER-
   45  VENTION PLAN AND SHALL, SUBJECT TO APPROPRIATION, REASONABLY SUPPORT THE
   46  IMPLEMENTATION CONSISTENT WITH THE REQUIREMENTS OF STATE AND FEDERAL LAW
   47  APPLICABLE TO THE RELEVANT PROGRAMS THAT EACH SUCH OFFICIAL IS RESPONSI-
   48  BLE FOR ADMINISTERING, AND GRANT COMMUNITY SCHOOLS ACCESS TO COMPETITIVE
   49  GRANTS, AS ALLOWABLE.
   50    6. IN ORDER TO ASSESS THE SCHOOL ACROSS MULTIPLE  MEASURES  OF  SCHOOL
   51  PERFORMANCE  AND  STUDENT  SUCCESS,  THE  SCHOOL INTERVENTION PLAN SHALL
   52  INCLUDE MEASURABLE ANNUAL GOALS, AS SET FORTH IN PARAGRAPH (D) OF SUBDI-
   53  VISION FIVE OF SECTION TWO HUNDRED  ELEVEN-G  OF  THIS  PART,  THAT  ARE
   54  TAILORED TO THE NEEDS OF THE SCHOOL.
   55    7.  (A) NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO THE CONTRARY, IN
   56  CREATING AND IMPLEMENTING THE SCHOOL  INTERVENTION  PLAN,  THE  RECEIVER
       S. 4210                            24
    1  SHALL, AFTER CONSULTING WITH STAKEHOLDERS: (I) CONVERT SCHOOLS TO COMMU-
    2  NITY  SCHOOLS  TO  PROVIDE  EXPANDED  HEALTH,  MENTAL  HEALTH  AND OTHER
    3  SERVICES TO THE COMMUNITY; (II) EXPAND, ALTER OR REPLACE THE  CURRICULUM
    4  AND  PROGRAM  OFFERINGS  OF  THE SCHOOL, INCLUDING THE IMPLEMENTATION OF
    5  RESEARCH-BASED EARLY LITERACY PROGRAMS, EARLY INTERVENTIONS FOR STRUGGL-
    6  ING READERS AND THE TEACHING OF  ADVANCED  PLACEMENT  COURSES  OR  OTHER
    7  RIGOROUS NATIONALLY OR INTERNATIONALLY RECOGNIZED COURSES, IF THE SCHOOL
    8  DOES  NOT  ALREADY HAVE SUCH PROGRAMS OR COURSES; (III) REPLACE UNQUALI-
    9  FIED TEACHERS AND  ADMINISTRATORS,  INCLUDING  SCHOOL  LEADERSHIP;  (IV)
   10  INCREASE SALARIES OF CURRENT OR PROSPECTIVE TEACHERS AND ADMINISTRATORS;
   11  AND  (V)  IMPROVED  HIRING,  INDUCTION, TEACHER EVALUATION, PROFESSIONAL
   12  DEVELOPMENT, TEACHER  ADVANCEMENT,  SCHOOL  CULTURE  AND  ORGANIZATIONAL
   13  STRUCTURE.
   14    IN  ADDITION  TO  THE  ABOVE INTERVENTIONS, THE RECEIVER MAY ALSO: (I)
   15  REALLOCATE THE USES OF THE EXISTING BUDGET OF THE  SCHOOL;  (II)  EXPAND
   16  THE  SCHOOL DAY OR SCHOOL YEAR OR BOTH OF THE SCHOOL; (III) FOR A SCHOOL
   17  THAT OFFERS THE FIRST GRADE, ADD PRE-KINDERGARTEN AND  FULL-DAY  KINDER-
   18  GARTEN  CLASSES,  IF THE SCHOOL DOES NOT ALREADY HAVE SUCH CLASSES; (IV)
   19  LIMIT, SUSPEND, OR CHANGE ONE OR MORE  PROVISIONS  OF  ANY  CONTRACT  OR
   20  COLLECTIVE BARGAINING AGREEMENT, AS THE CONTRACT OR AGREEMENT APPLIES TO
   21  THE  SCHOOL;  PROVIDED,  HOWEVER, THAT THE RECEIVER SHALL NOT REDUCE THE
   22  COMPENSATION OF AN ADMINISTRATOR, TEACHER OR  STAFF  MEMBER  UNLESS  THE
   23  HOURS  OF  THE PERSON ARE PROPORTIONATELY REDUCED; AND PROVIDED FURTHER,
   24  THAT UPON REQUEST OF THE RECEIVER THE PUBLIC EMPLOYMENT RELATIONS  BOARD
   25  SHALL  REQUIRE  THE  BOARD  OF  EDUCATION  AND ANY APPLICABLE COLLECTIVE
   26  BARGAINING REPRESENTATIVES TO BARGAIN IN GOOD FAITH FOR AT LEAST  THIRTY
   27  DAYS BEFORE EXERCISING AUTHORITY PURSUANT TO THIS CLAUSE; (V) IN ACCORD-
   28  ANCE  WITH  PARAGRAPHS  (B)  AND (C) OF THIS SUBDIVISION, TO ABOLISH THE
   29  POSITIONS OF ALL MEMBERS OF THE TEACHING AND ADMINISTRATIVE AND SUPERVI-
   30  SORY STAFF ASSIGNED TO THE FAILING SCHOOL AND TERMINATE  THE  EMPLOYMENT
   31  OF ANY BUILDING PRINCIPAL ASSIGNED TO SUCH A SCHOOL, AND REQUIRE THEM TO
   32  REAPPLY FOR THEIR POSITIONS IN THE DISTRICT; (VI) INCLUDE A PROVISION OF
   33  JOB-EMBEDDED  PROFESSIONAL  DEVELOPMENT FOR TEACHERS AT THE SCHOOL, WITH
   34  AN EMPHASIS ON STRATEGIES THAT INVOLVE TEACHER INPUT AND FEEDBACK; (VII)
   35  ESTABLISH A PLAN FOR PROFESSIONAL DEVELOPMENT FOR ADMINISTRATORS AT  THE
   36  SCHOOL,  WITH  AN  EMPHASIS ON STRATEGIES THAT DEVELOP LEADERSHIP SKILLS
   37  AND USE THE PRINCIPLES OF DISTRIBUTIVE LEADERSHIP; AND/OR  (VIII)  ORDER
   38  THE  CONVERSION OF A DISTRICT SCHOOL THAT HAS BEEN DESIGNATED AS FAILING
   39  PURSUANT TO THIS SECTION WITHOUT A VOTE OF THE PARENTS  OF  THE  SCHOOL,
   40  PROVIDED  THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
   41  RY, THE BOARD OF REGENTS SHALL BE THE CHARTER ENTITY  FOR  SUCH  CHARTER
   42  SCHOOL AND THE PROVISIONS OF PARAGRAPH (B) AND SUBPARAGRAPH (I) OF PARA-
   43  GRAPH  (B-1) OF SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-
   44  FOUR OF THIS CHAPTER SHALL  NOT  APPLY  TO  SUCH  A  CONVERSION  CHARTER
   45  SCHOOL.
   46    (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
   47  THE CONTRARY, UPON DESIGNATION OF ANY SCHOOL OF THE SCHOOL DISTRICT AS A
   48  FAILING SCHOOL PURSUANT TO THIS SECTION, THE ABOLITION OF  POSITIONS  OF
   49  MEMBERS  OF THE TEACHING AND ADMINISTRATIVE AND SUPERVISORY STAFF OF THE
   50  SCHOOL  DISTRICT  SHALL  THEREAFTER  BE  GOVERNED  BY   THE   APPLICABLE
   51  PROVISIONS  OF  SECTION  TWENTY-FIVE  HUNDRED  TEN,  TWENTY-FIVE HUNDRED
   52  EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHTY-EIGHT OR THREE THOUSAND THIRTEEN
   53  OF THIS CHAPTER AS MODIFIED BY THIS PARAGRAPH. A  CLASSROOM  TEACHER  OR
   54  BUILDING  PRINCIPAL  WHO  HAS  RECEIVED TWO OR MORE COMPOSITE RATINGS OF
   55  INEFFECTIVE ON AN ANNUAL PROFESSIONAL  PERFORMANCE  REVIEW  OR  WHO  HAS
   56  NEVER  RECEIVED AN EFFECTIVE OR HIGHLY EFFECTIVE RATING ON SUCH A REVIEW
       S. 4210                            25
    1  SHALL BE DEEMED NOT TO HAVE  RENDERED  FAITHFUL  AND  COMPETENT  SERVICE
    2  WITHIN  THE  MEANING  OF  SECTION  TWENTY-FIVE  HUNDRED TEN, TWENTY-FIVE
    3  HUNDRED EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHTY-EIGHT OR THREE  THOUSAND
    4  THIRTEEN  OF  THIS  CHAPTER.  WHEN  A POSITION OF A CLASSROOM TEACHER OR
    5  BUILDING PRINCIPAL IS ABOLISHED, THE SERVICES OF THE TEACHER OR ADMINIS-
    6  TRATOR OR SUPERVISOR WITHIN THE TENURE AREA OF  THE  POSITION  WITH  THE
    7  LOWEST SCORE ON THE STATE GROWTH AND OTHER COMPARABLE MEASURES SUBCOMPO-
    8  NENT  OF THE MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW SHALL BE
    9  DISCONTINUED, PROVIDED THAT SENIORITY WITHIN THE TENURE OF THE  POSITION
   10  SHALL  BE USED SOLELY TO DETERMINE WHICH POSITION SHOULD BE DISCONTINUED
   11  IN THE EVENT OF A TIE.
   12    (C) THE RECEIVER MAY ABOLISH THE  POSITIONS  OF  ALL  MEMBERS  OF  THE
   13  TEACHING  AND SUPERVISORY STAFF ASSIGNED TO A SCHOOL DESIGNATED AS FAIL-
   14  ING PURSUANT TO THIS  SECTION,  AND  TERMINATE  ANY  BUILDING  PRINCIPAL
   15  ASSIGNED  TO  SUCH  SCHOOL WHO IS NOT IN A TENURED POSITION, AND REQUIRE
   16  THEM TO REAPPLY FOR A PROBATIONARY APPOINTMENT.   THE BOARD  SHALL  HAVE
   17  THE SAME DISCRETION UPON SUCH REAPPLICATION AS IT HAS WITH ANY CANDIDATE
   18  FOR  A  PROBATIONARY  APPOINTMENT.   A DETERMINATION OF THE BOARD NOT TO
   19  REHIRE A TEACHER, ADMINISTRATOR OR SUPERVISOR MAY  BE  APPEALED  TO  THE
   20  COMMISSIONER  PURSUANT  TO  SECTION  THREE  HUNDRED  TEN  OF THIS TITLE,
   21  PROVIDED THAT SUCH DETERMINATION MAY ONLY BE SET ASIDE  UPON  A  FINDING
   22  THAT  THE  BOARD'S  DETERMINATION WAS MADE IN BAD FAITH OR FOR CONSTITU-
   23  TIONALLY OR STATUTORILY IMPERMISSIBLE REASONS. NOTWITHSTANDING ANY OTHER
   24  PROVISION OF LAW TO THE CONTRARY, A MEMBER OF THE TEACHING  OR  ADMINIS-
   25  TRATIVE  STAFF  WHO  IS NOT REHIRED PURSUANT TO THIS PARAGRAPH SHALL NOT
   26  HAVE ANY RIGHT TO BUMP OR DISPLACE ANY  OTHER  PERSON  EMPLOYED  BY  THE
   27  DISTRICT, BUT SHALL BE PLACED ON A PREFERRED ELIGIBILITY LIST IN ACCORD-
   28  ANCE  WITH THE APPLICABLE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN,
   29  TWENTY-FIVE HUNDRED EIGHTY-FIVE,  TWENTY-FIVE  HUNDRED  EIGHTY-EIGHT  OR
   30  THREE THOUSAND THIRTEEN OF THIS CHAPTER.
   31    (D)  FOR  A  SCHOOL  WITH  ENGLISH LANGUAGE LEARNERS, THE PROFESSIONAL
   32  DEVELOPMENT AND PLANNING TIME FOR TEACHERS AND ADMINISTRATORS IDENTIFIED
   33  IN CLAUSES (VI) THROUGH (VIII) OF THE CLOSING PARAGRAPH OF PARAGRAPH (A)
   34  OF THIS SUBDIVISION,  SHALL  INCLUDE  SPECIFIC  STRATEGIES  AND  CONTENT
   35  DESIGNED  TO  MAXIMIZE  THE  RAPID  ACADEMIC  ACHIEVEMENT OF THE ENGLISH
   36  LANGUAGE LEARNERS.
   37    (E) IF THE RECEIVER PROPOSES TO REALLOCATE FUNDS TO  THE  SCHOOL  FROM
   38  THE  BUDGET OF THE DISTRICT UNDER CLAUSE (I) OF THE CLOSING PARAGRAPH OF
   39  PARAGRAPH (A) OF THIS SUBDIVISION, THE RECEIVER SHALL NOTIFY  THE  BOARD
   40  OF EDUCATION, IN WRITING, OF THE AMOUNT OF AND RATIONALE FOR THE REALLO-
   41  CATION.
   42    8.  A  FINAL  SCHOOL INTERVENTION PLAN SHALL BE ISSUED BY THE RECEIVER
   43  WITHIN SIX MONTHS OF DESIGNATION OF THE SCHOOL AS A  FAILING  SCHOOL.  A
   44  COPY  OF  SUCH  PLAN  SHALL  BE  PROVIDED TO THE BOARD OF EDUCATION, THE
   45  SUPERINTENDENT OF SCHOOLS AND THE COLLECTIVE BARGAINING  REPRESENTATIVES
   46  OF TEACHERS AND ADMINISTRATORS OF THE SCHOOL DISTRICT. THE PLAN SHALL BE
   47  PUBLICLY  AVAILABLE  AND SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND
   48  THE SCHOOL DISTRICT'S WEBSITE, AND THE  SCHOOL  DISTRICT  SHALL  PROVIDE
   49  NOTICE TO PARENTS OF SUCH SCHOOL INTERVENTION PLAN AND ITS AVAILABILITY.
   50    9.  EACH  SCHOOL INTERVENTION PLAN SHALL BE AUTHORIZED FOR A PERIOD OF
   51  NOT MORE THAN THREE YEARS. THE EXTERNAL  RECEIVER,  AS  APPLICABLE,  MAY
   52  DEVELOP ADDITIONAL COMPONENTS OF THE PLAN AND SHALL DEVELOP ANNUAL GOALS
   53  FOR EACH COMPONENT OF THE PLAN IN A MANNER CONSISTENT WITH THIS SECTION,
   54  ALL  OF WHICH MUST BE APPROVED BY THE COMMISSIONER. THE EXTERNAL RECEIV-
   55  ER, AS APPLICABLE, SHALL BE RESPONSIBLE FOR MEETING  THE  GOALS  OF  THE
   56  SCHOOL INTERVENTION PLAN.
       S. 4210                            26
    1    10.  THE EXTERNAL RECEIVER SHALL PROVIDE A WRITTEN REPORT TO THE BOARD
    2  OF EDUCATION ON A QUARTERLY BASIS TO PROVIDE SPECIFIC INFORMATION  ABOUT
    3  THE  PROGRESS  BEING  MADE  ON THE IMPLEMENTATION OF THE SCHOOL'S SCHOOL
    4  INTERVENTION PLAN. ONE OF THE QUARTERLY  REPORTS  SHALL  BE  THE  ANNUAL
    5  EVALUATION UNDER SUBDIVISION ELEVEN OF THIS SECTION.
    6    11.  (A)  THE COMMISSIONER SHALL EVALUATE EACH FAILING SCHOOL AT LEAST
    7  ANNUALLY. THE PURPOSE OF THE EVALUATION SHALL BE  TO  DETERMINE  WHETHER
    8  THE  SCHOOL HAS MET THE ANNUAL GOALS IN ITS SCHOOL INTERVENTION PLAN AND
    9  ASSESS THE IMPLEMENTATION OF THE PLAN AT THE SCHOOL. THE REVIEW SHALL BE
   10  IN WRITING AND SHALL BE SUBMITTED TO THE SUPERINTENDENT AND THE BOARD OF
   11  EDUCATION NOT LATER THAN JULY FIRST FOR THE PRECEDING SCHOOL  YEAR.  THE
   12  REVIEW SHALL BE SUBMITTED IN A FORMAT DETERMINED BY THE COMMISSIONER.
   13    (B)  IF THE COMMISSIONER DETERMINES THAT THE SCHOOL HAS MET THE ANNUAL
   14  PERFORMANCE GOALS STATED IN THE SCHOOL  INTERVENTION  PLAN,  THE  REVIEW
   15  SHALL  BE  CONSIDERED  SUFFICIENT  AND  THE IMPLEMENTATION OF THE SCHOOL
   16  INTERVENTION PLAN SHALL CONTINUE. IF THE  COMMISSIONER  DETERMINES  THAT
   17  THE  SCHOOL  HAS NOT MET ONE OR MORE GOALS IN THE PLAN, THE COMMISSIONER
   18  MAY MODIFY THE PLAN.
   19    12. UPON THE EXPIRATION OF A SCHOOL INTERVENTION PLAN  FOR  A  FAILING
   20  SCHOOL,  THE COMMISSIONER SHALL CONDUCT A REVIEW OF THE SCHOOL TO DETER-
   21  MINE WHETHER THE SCHOOL  HAS  IMPROVED  SUFFICIENTLY,  REQUIRES  FURTHER
   22  IMPROVEMENT  OR  HAS FAILED TO IMPROVE. ON THE BASIS OF SUCH REVIEW, THE
   23  COMMISSIONER MAY: (A) ON THE BASIS OF THE EXTERNAL  RECEIVER'S  PROGRESS
   24  IN  SUCCESSFULLY  MEETING THE TERMS OF THE PLAN, RENEW THE PLAN WITH THE
   25  EXTERNAL RECEIVER FOR AN ADDITIONAL PERIOD OF NOT MORE THAN THREE YEARS;
   26  (B) IF THE FAILING SCHOOL REMAINS FAILING AND THE TERMS OF THE PLAN HAVE
   27  NOT BEEN SUBSTANTIALLY MET, TERMINATE THE CONTRACT WITH THE RECEIVER AND
   28  APPOINT A NEW EXTERNAL RECEIVER; OR (C) DETERMINE THAT  THE  SCHOOL  HAS
   29  IMPROVED SUFFICIENTLY FOR THE DESIGNATION OF FAILING TO BE REMOVED.
   30    13. THE COMMISSIONER SHALL BE AUTHORIZED TO ADOPT REGULATIONS TO CARRY
   31  OUT THE PROVISIONS OF THIS SECTION.
   32    14.  THE  COMMISSIONER  SHALL  REPORT ANNUALLY TO THE GOVERNOR AND THE
   33  LEGISLATURE ON THE IMPLEMENTATION AND FISCAL IMPACT OF THIS SECTION  AND
   34  SECTION TWO HUNDRED ELEVEN-G OF THIS PART. THE REPORT SHALL INCLUDE, BUT
   35  NOT  BE  LIMITED TO, A LIST OF ALL SCHOOLS CURRENTLY DESIGNATED AS FAIL-
   36  ING, A LIST OF ALL DISTRICTS CURRENTLY DESIGNATED AS  FAILING,  AND  THE
   37  STRATEGIES  USED  IN  EACH  OF THE SCHOOLS AND DISTRICTS TO MAXIMIZE THE
   38  RAPID ACADEMIC ACHIEVEMENT OF STUDENTS.
   39    S 3. This act shall take effect July 1, 2015; provided, however,  that
   40  effective immediately, the addition, amendment and/or repeal of any rule
   41  or regulation necessary for the implementation of this act on its effec-
   42  tive  date  is  authorized  and  directed to be made and completed on or
   43  before such date.
   44                                  SUBPART E
   45    Section 1. Subdivision 7-a of section 305 of  the  education  law,  as
   46  added by chapter 296 of the laws of 2008, is amended to read as follows:
   47    7-a. a. In addition to the authority to revoke and annul a certificate
   48  of qualification of a teacher in a proceeding brought pursuant to subdi-
   49  vision  seven of this section, the commissioner shall be authorized, and
   50  it shall be his or her duty, to revoke and annul in accordance with this
   51  subdivision the teaching certificate of a teacher  convicted  of  a  sex
   52  offense for which registration as a sex offender is required pursuant to
   53  article  six-C  of  the  correction  law  OR OF ANY OTHER VIOLENT FELONY
   54  OFFENSE IN WHICH A CHILD WAS A VICTIM.
       S. 4210                            27
    1    b. As used in this subdivision, the following  terms  shall  have  the
    2  following meanings:
    3    (1)  "conviction"  means  any  conviction whether by plea of guilty or
    4  nolo contendere or from a verdict after trial or otherwise;
    5    (2) "sex offense" means an offense set forth  in  subdivision  two  or
    6  three  of  section  one  hundred  sixty-eight-a  of  the correction law,
    7  including an offense committed in any jurisdiction for which the  offen-
    8  der is required to register as a sex offender in New York;
    9    (3)  "teacher"  means  any  professional  educator  holding a teaching
   10  certificate as defined in subparagraph four of this paragraph, including
   11  but not limited  to  a  classroom  teacher,  teaching  assistant,  pupil
   12  personnel  services  professional, school administrator or supervisor or
   13  superintendent of schools; [and]
   14    (4) "teaching certificate" means the certificate or license  or  other
   15  certificate of qualification granted to a teacher by any authority what-
   16  soever; AND
   17    (5)  "VIOLENT FELONY OFFENSE" MEANS ANY OFFENSE AS DEFINED IN SUBDIVI-
   18  SION ONE OF SECTION 70.02 OF THE PENAL LAW.
   19    c. Upon receipt of a certified copy of a criminal history record show-
   20  ing that a teacher has been convicted of a sex offense or  sex  offenses
   21  OR  A  VIOLENT  FELONY  OFFENSE  IN  WHICH  A CHILD WAS A VICTIM or upon
   22  receipt of notice of such a conviction as provided  in  paragraph  d  of
   23  this  subdivision, the commissioner shall automatically revoke and annul
   24  the teaching certificate of such teacher without the right to a hearing.
   25  The commissioner shall mail  notice  of  the  revocation  and  annulment
   26  pursuant   to   this  subdivision  by  certified  mail,  return  receipt
   27  requested, and by first-class mail  directed  to  the  teacher  at  such
   28  teacher's  last  known address and, if different, the last address filed
   29  by the certificate holder with the commissioner  and  to  the  teacher's
   30  counsel  of  record in the criminal proceeding as reported in the notice
   31  pursuant to paragraph d of this subdivision. Such  notice  shall  inform
   32  the  teacher  that his or her certificate has been revoked and annulled,
   33  identify the sex offense or sex offenses OR VIOLENT  FELONY  OFFENSE  OR
   34  OFFENSES  IN  WHICH  A  CHILD WAS A VICTIM of which the teacher has been
   35  convicted and shall set forth the procedure to  follow  if  the  teacher
   36  denies he or she is the person who has been so convicted. If such teach-
   37  er  notifies  the  commissioner in writing within twenty-five days after
   38  the date of receipt of the notice that he or she is not the same  person
   39  as  the  convicted offender identified in the criminal record or identi-
   40  fied pursuant to paragraph d of  this  subdivision,  provides  proof  to
   41  reasonably  support  such  claim  and  the commissioner is satisfied the
   42  proof establishes such claim, the commissioner shall, within five  busi-
   43  ness  days of the receipt of such proof, restore such teacher's teaching
   44  certificate retroactive to the date of revocation and annulment.
   45    d. Upon conviction of a teacher of  a  sex  offense  defined  in  this
   46  subdivision,  the  district  attorney or other prosecuting authority who
   47  obtained such conviction shall provide notice of such conviction to  the
   48  commissioner  identifying  the  sex  offense  or sex offenses OR VIOLENT
   49  FELONY OFFENSE OR OFFENSES IN WHICH A CHILD WAS A VICTIM  of  which  the
   50  teacher  has  been  convicted, the name and address of such offender and
   51  other identifying information prescribed by the commissioner,  including
   52  the  offender's  date of birth and social security number, to the extent
   53  consistent with federal and state laws governing  personal  privacy  and
   54  confidentiality  of information. Such notice shall also include the name
   55  and business address of the offender's counsel of record in the criminal
   56  proceeding.
       S. 4210                            28
    1    e. Upon receipt of proof  that  the  conviction  or  convictions  that
    2  formed  the basis for revocation and annulment of the teacher's teaching
    3  certificate pursuant to this subdivision have been set aside upon appeal
    4  or otherwise reversed, vacated or annulled, the  commissioner  shall  be
    5  required  to conduct a due process hearing pursuant to subdivision seven
    6  of this section and part eighty-three of title eight  of  the  New  York
    7  codes,  rules  and  regulations  prior  to  making a determination as to
    8  whether to reinstate the teacher's original teaching  certificate.  Such
    9  determination shall be made within ninety days after such proof has been
   10  received.
   11    f. Except as provided in paragraph g of this subdivision, and notwith-
   12  standing  any other provision of law to the contrary, a teacher shall be
   13  reinstated to his or her position of employment in a public school, with
   14  full back pay and benefits from the date  his  or  her  certificate  was
   15  revoked or annulled to the date of such reinstatement, under the follow-
   16  ing circumstances:
   17    (i)  The  termination of employment was based solely on the conviction
   18  of a sex offense, OR CONVICTION OF A VIOLENT FELONY OFFENSE OR  OFFENSES
   19  IN  WHICH  A  CHILD  WAS  A  VICTIM, or the revocation or annulment of a
   20  certificate based on such conviction, and such conviction has  been  set
   21  aside  on  appeal  or  otherwise  reversed,  vacated or annulled and the
   22  commissioner has reinstated  the  teacher's  certification  pursuant  to
   23  paragraph e of this subdivision; or
   24    (ii)  The termination of employment was based solely on the conviction
   25  of a sex offense OR VIOLENT FELONY OFFENSE OR OFFENSES IN WHICH A  CHILD
   26  WAS A VICTIM and it has been determined that the teacher is not the same
   27  person as the convicted offender.
   28    g. If a teacher's employment was terminated as a result of a discipli-
   29  nary proceeding conducted pursuant to section three thousand twenty-a of
   30  this  chapter  or  other  disciplinary hearing conducted pursuant to any
   31  collective bargaining or contractual agreement on one  or  more  grounds
   32  other  than  conviction of a sex offense, or the revocation or annulment
   33  of a certificate based on such conviction, then nothing in  paragraph  f
   34  of this subdivision shall require a school district to reinstate employ-
   35  ment of such teacher or be liable for back pay or benefits.
   36    h.  No  provision  of  this  article  shall  be deemed to preclude the
   37  following: (i) the commissioner from conducting a  due  process  hearing
   38  pursuant  to  subdivision seven of this section and part eighty-three of
   39  title eight of the New York codes, rules  and  regulations;  or  (ii)  a
   40  school district or employing board from bringing a disciplinary proceed-
   41  ing  pursuant  to  section  three  thousand twenty-a of this chapter; or
   42  (iii) a school district or employing board from bringing an  alternative
   43  disciplinary proceeding conducted pursuant to a collective bargaining or
   44  contractual agreement.
   45    i.  The commissioner shall be authorized to promulgate any regulations
   46  necessary to implement the provisions of this subdivision.
   47    S 2. Subdivision 3 and paragraph a of subdivision 4 of section 3020 of
   48  the education law, as amended by chapter 103 of the laws  of  2010,  are
   49  amended to read as follows:
   50    3.  Notwithstanding  any inconsistent provision of law, the procedures
   51  set forth in section three thousand twenty-a of this article and  subdi-
   52  vision seven of section twenty-five hundred ninety-j of this chapter may
   53  be modified or replaced by agreements negotiated between the city school
   54  district  of  the city of New York and any employee organization repres-
   55  enting employees or titles that are or were covered by any memorandum of
   56  agreement executed by such city  school  district  and  the  council  of
       S. 4210                            29
    1  supervisors  and  administrators  of  the  city  of New York on or after
    2  December first, nineteen hundred ninety-nine. Where such procedures  are
    3  so  modified  or  replaced:  (i)  compliance  with  such modification or
    4  replacement  procedures shall satisfy any provision in this chapter that
    5  requires compliance with  section  three  thousand  twenty-a,  (ii)  any
    6  employee against whom charges have been preferred prior to the effective
    7  date of such modification or replacement shall continue to be subject to
    8  the  provisions  of  such  section as in effect on the date such charges
    9  were preferred, (iii) the provisions of subdivisions one and two of this
   10  section shall not apply to agreements negotiated pursuant to this subdi-
   11  vision, and (iv) in accordance with paragraph (e) of subdivision one  of
   12  section  two  hundred nine-a of the civil service law, such modification
   13  or replacement procedures contained in an agreement negotiated  pursuant
   14  to  this subdivision shall continue as terms of such agreement after its
   15  expiration until a new agreement is negotiated; provided that any alter-
   16  nate disciplinary procedures contained in a collective bargaining agree-
   17  ment that becomes effective on or after July  first,  two  thousand  ten
   18  shall  provide  for an expedited hearing process before a single hearing
   19  officer in accordance with subparagraph (i-a) of paragraph c of subdivi-
   20  sion three of section three thousand twenty-a of this article  in  cases
   21  in  which charges of incompetence are brought against a building princi-
   22  pal based solely upon an allegation of a pattern of ineffective teaching
   23  or performance as defined in section three  thousand  twelve-c  of  this
   24  article and shall provide that such a pattern of ineffective teaching or
   25  performance  shall  constitute very significant evidence of incompetence
   26  which may form the basis for just cause removal of the building  princi-
   27  pal  AND  PROVIDED  FURTHER  THAT  ANY ALTERNATE DISCIPLINARY PROCEDURES
   28  CONTAINED IN A COLLECTIVE BARGAINING AGREEMENT THAT BECOMES EFFECTIVE ON
   29  OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN SHALL PROVIDE THAT ALL  HEAR-
   30  INGS  SHALL BE CONDUCTED BEFORE A SINGLE HEARING OFFICER AND THAT SUCH A
   31  PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE BY A  BUILDING  PRINCIPAL
   32  SHALL  CONSTITUTE  PRIMA FACIE EVIDENCE OF INCOMPETENCE THAT CAN ONLY BE
   33  REBUTTED BY CLEAR AND CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR
   34  MORE OF THE TEACHER'S OR PRINCIPAL'S UNDERLYING COMPOSITE RATINGS ON THE
   35  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS PURSUANT TO SECTION THREE  THOU-
   36  SAND  TWELVE-C  OF  THIS ARTICLE WAS FRAUDULENT, AND IF NOT SUCCESSFULLY
   37  REBUTTED, THE FINDING, ABSENT EXTRAORDINARY CIRCUMSTANCES, SHALL BE JUST
   38  CAUSE FOR REMOVAL. Notwithstanding any inconsistent  provision  of  law,
   39  the  commissioner  shall review any appeals authorized by such modifica-
   40  tion or replacement procedures within fifteen days from receipt by  such
   41  commissioner of the record of prior proceedings in the matter subject to
   42  appeal.  Such  review  shall  have  preference over all other appeals or
   43  proceedings pending before such commissioner.
   44    a. Notwithstanding any inconsistent provision of law,  the  procedures
   45  set  forth in section three thousand twenty-a of this article and subdi-
   46  vision seven of section twenty-five hundred ninety-j of this chapter may
   47  be modified by agreements negotiated between the city school district of
   48  the city of New York and any employee organization representing  employ-
   49  ees  or  titles  that are or were covered by any memorandum of agreement
   50  executed by such city school  district  and  the  united  federation  of
   51  teachers  on  or  after June tenth, two thousand two.  Where such proce-
   52  dures are so modified: (i)  compliance  with  such  modified  procedures
   53  shall  satisfy  any  provision  of this chapter that requires compliance
   54  with section three thousand twenty-a of this article; (ii) any  employee
   55  against  whom charges have been preferred prior to the effective date of
   56  such modification shall continue to be subject to the provisions of such
       S. 4210                            30
    1  section as in effect on the date such charges were preferred; (iii)  the
    2  provisions  of  subdivisions one and two of this section shall not apply
    3  to agreements negotiated pursuant to this subdivision,  except  that  no
    4  person  enjoying  the benefits of tenure shall be disciplined or removed
    5  during a term of employment except for just cause; and (iv)  in  accord-
    6  ance with paragraph (e) of subdivision one of section two hundred nine-a
    7  of  the  civil  service  law,  such  modified procedures contained in an
    8  agreement negotiated pursuant to  this  subdivision  shall  continue  as
    9  terms  of  such  agreement after its expiration until a new agreement is
   10  negotiated; and provided further that any alternate disciplinary  proce-
   11  dures contained in a collective bargaining agreement that becomes effec-
   12  tive on or after July first, two thousand ten shall provide for an expe-
   13  dited hearing process before a single hearing officer in accordance with
   14  subparagraph  (i-a) of paragraph c of subdivision three of section three
   15  thousand twenty-a of this article in cases in which charges of  incompe-
   16  tence  are brought based solely upon an allegation of a pattern of inef-
   17  fective teaching or performance as defined  in  section  three  thousand
   18  twelve-c  of this article and shall provide that such a pattern of inef-
   19  fective  teaching  or  performance  shall  constitute  very  significant
   20  evidence  of  incompetence  which  may  form  the  basis  for just cause
   21  removal, AND PROVIDED FURTHER THAT ANY ALTERNATE DISCIPLINARY PROCEDURES
   22  CONTAINED IN A COLLECTIVE BARGAINING AGREEMENT THAT BECOMES EFFECTIVE ON
   23  OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN SHALL PROVIDE THAT ALL  HEAR-
   24  INGS  SHALL BE CONDUCTED BEFORE A SINGLE HEARING OFFICER AND THAT SUCH A
   25  PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE  SHALL  CONSTITUTE  PRIMA
   26  FACIE  EVIDENCE  OF  INCOMPETENCE THAT CAN ONLY BE REBUTTED BY CLEAR AND
   27  CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR MORE OF THE TEACHER'S
   28  OR PRINCIPAL'S UNDERLYING COMPOSITE RATINGS ON THE  ANNUAL  PROFESSIONAL
   29  PERFORMANCE  REVIEWS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS
   30  ARTICLE WAS FRAUDULENT, AND IF NOT SUCCESSFULLY REBUTTED,  THE  FINDING,
   31  ABSENT EXTRAORDINARY CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL.
   32    S  3.  Section 3020-a of the education law, as amended by section 1 of
   33  part B of chapter 57 of the laws of 2012, is amended to read as follows:
   34    S 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
   35  All charges against a person enjoying the benefits of tenure as provided
   36  in subdivision three of section eleven hundred two, and  sections  twen-
   37  ty-five  hundred  nine,  twenty-five  hundred seventy-three, twenty-five
   38  hundred ninety-j, three thousand twelve and three thousand  fourteen  of
   39  this  chapter  shall be in writing and filed with the clerk or secretary
   40  of the school district or employing board during the period between  the
   41  actual  opening and closing of the school year for which the employed is
   42  normally required to serve. Except as provided in subdivision  eight  of
   43  section  twenty-five  hundred  seventy-three  and  subdivision  seven of
   44  section twenty-five hundred ninety-j of this chapter, no  charges  under
   45  this section shall be brought more than three years after the occurrence
   46  of  the alleged incompetency or misconduct, except when the charge is of
   47  misconduct constituting a crime when committed.
   48    2. Disposition of charges. a. Upon receipt of the charges,  the  clerk
   49  or secretary of the school district or employing board shall immediately
   50  notify  said  board  thereof. Within five days after receipt of charges,
   51  the employing board, in executive session, shall determine, by a vote of
   52  a majority of all the members of  such  board,  whether  probable  cause
   53  exists  to  bring a disciplinary proceeding against an employee pursuant
   54  to this section. If such determination is affirmative, a written  state-
   55  ment  specifying  (i)  the  charges  in detail, (ii) the maximum penalty
   56  which will be imposed by the board if the employee does  not  request  a
       S. 4210                            31
    1  hearing  or  that  will  be sought by the board if the employee is found
    2  guilty of the charges after a hearing and (iii)  the  employee's  rights
    3  under  this  section,  shall  be  immediately  forwarded  to the accused
    4  employee by certified or registered mail, return receipt requested or by
    5  personal delivery to the employee.
    6    b.  The employee may be suspended pending a hearing on the charges and
    7  the final determination thereof.  The  suspension  shall  be  with  pay,
    8  except  the  employee  may  be suspended without pay if the employee has
    9  entered a guilty plea to  or  has  been  convicted  of  a  felony  crime
   10  concerning  the criminal sale or possession of a controlled substance, a
   11  precursor of a controlled substance, or drug paraphernalia as defined in
   12  article two hundred twenty or two hundred twenty-one of the  penal  law;
   13  or  a  felony  crime involving the physical abuse of a minor or student.
   14  THE SUSPENSION SHALL ALSO BE WITHOUT PAY IF THE EMPLOYEE IS CHARGED WITH
   15  MISCONDUCT CONSTITUTING PHYSICAL OR SEXUAL ABUSE OF  A  STUDENT  AND  IS
   16  SUSPENDED PENDING AN EXPEDITED HEARING PURSUANT TO SUBPARAGRAPH (I-B) OF
   17  PARAGRAPH  C OF SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT SUCH AN
   18  EMPLOYEE SHALL BE ELIGIBLE TO RECEIVE REIMBURSEMENT FOR WITHHELD PAY  IF
   19  THE HEARING OFFICER FINDS IN HIS FAVOR. The employee shall be terminated
   20  without a hearing, as provided for in this section, upon conviction of a
   21  sex  offense,  as defined in subparagraph two of paragraph b of subdivi-
   22  sion seven-a of section three hundred  five  of  this  chapter.  To  the
   23  extent  this  section applies to an employee acting as a school adminis-
   24  trator or supervisor, as defined in subparagraph three of paragraph b of
   25  subdivision seven-b of section three hundred five of this chapter,  such
   26  employee  shall be terminated without a hearing, as provided for in this
   27  section, upon conviction of a felony offense defined in subparagraph two
   28  of paragraph b of subdivision seven-b of section three hundred  five  of
   29  this chapter.
   30    c.  [Within] (I) FOR HEARINGS COMMENCED BY THE FILING OF CHARGES PRIOR
   31  TO APRIL FIRST, TWO THOUSAND FIFTEEN, WITHIN ten days of receipt of  the
   32  statement  of  charges, the employee shall notify the clerk or secretary
   33  of the employing board in writing whether he or she desires a hearing on
   34  the charges and when the charges  concern  pedagogical  incompetence  or
   35  issues  involving  pedagogical  judgment,  his or her choice of either a
   36  single hearing officer or a three member panel, provided  that  a  three
   37  member  panel  shall not be available where the charges concern pedagog-
   38  ical incompetence based solely upon a teacher's or  principal's  pattern
   39  of ineffective teaching or performance as defined in section three thou-
   40  sand  twelve-c  of  this  article. All other charges shall be heard by a
   41  single hearing officer.
   42    (II) ALL HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER APRIL
   43  FIRST, TWO THOUSAND FIFTEEN SHALL BE HEARD BY A SINGLE HEARING OFFICER.
   44    d. The unexcused failure of the employee to notify the clerk or secre-
   45  tary of his or her desire for a hearing within ten days of  the  receipt
   46  of charges shall be deemed a waiver of the right to a hearing.  Where an
   47  employee  requests a hearing in the manner provided for by this section,
   48  the clerk or secretary of the board shall, within three working days  of
   49  receipt  of  the  employee's notice or request for a hearing, notify the
   50  commissioner of the need for a hearing. If the employee  waives  his  or
   51  her right to a hearing the employing board shall proceed, within fifteen
   52  days, by a vote of a majority of all members of such board, to determine
   53  the  case  and fix the penalty, if any, to be imposed in accordance with
   54  subdivision four of this section.
   55    3. Hearings. a. Notice of hearing. Upon receipt of  a  request  for  a
   56  hearing  in accordance with subdivision two of this section, the commis-
       S. 4210                            32
    1  sioner shall  forthwith  notify  the  American  Arbitration  Association
    2  (hereinafter  "association") of the need for a hearing and shall request
    3  the association to provide to the commissioner forthwith a list of names
    4  of  persons  chosen  by  the association from the association's panel of
    5  labor arbitrators to potentially serve as hearing officers together with
    6  relevant biographical information on each arbitrator.  Upon  receipt  of
    7  said list and biographical information, the commissioner shall forthwith
    8  send  a  copy  of  both  simultaneously  to  the employing board and the
    9  employee. The commissioner shall also  simultaneously  notify  both  the
   10  employing  board  and  the  employee of each potential hearing officer's
   11  record in the last five cases  of  commencing  and  completing  hearings
   12  within the time periods prescribed in this section.
   13    b.  (i)  Hearing officers. All hearings pursuant to this section shall
   14  be conducted before and by a single hearing officer selected as provided
   15  for in this section. A hearing officer shall not be eligible to serve in
   16  such position if he or she is a resident of the school  district,  other
   17  than  the  city  of  New  York,  under the jurisdiction of the employing
   18  board, an employee, agent or representative of the employing board or of
   19  any labor organization representing employees of such  employing  board,
   20  has  served as such agent or representative within two years of the date
   21  of the scheduled hearing, or if he or she is then serving as a  mediator
   22  or fact finder in the same school district.
   23    (A) Notwithstanding any other provision of law, for hearings commenced
   24  by  the filing of charges prior to April first, two thousand twelve, the
   25  hearing officer shall be compensated by the department with the  custom-
   26  ary  fee  paid  for  service  as an arbitrator under the auspices of the
   27  association for each day of actual service  plus  necessary  travel  and
   28  other  reasonable  expenses  incurred  in  the performance of his or her
   29  duties. All other expenses of the disciplinary proceedings commenced  by
   30  the filing of charges prior to April first, two thousand twelve shall be
   31  paid  in  accordance  with rules promulgated by the commissioner. Claims
   32  for such compensation for days of actual service and  reimbursement  for
   33  necessary travel and other expenses for hearings commenced by the filing
   34  of  charges prior to April first, two thousand twelve shall be paid from
   35  an appropriation for such purpose in the order in which they  have  been
   36  approved  by  the commissioner for payment, provided payment shall first
   37  be made for any other hearing costs payable by the commissioner, includ-
   38  ing the costs of transcribing the record, and provided further  that  no
   39  such  claim  shall  be  set  aside  for insufficiency of funds to make a
   40  complete payment, but shall be eligible for a  partial  payment  in  one
   41  year and shall retain its priority date status for appropriations desig-
   42  nated for such purpose in future years.
   43    (B)  Notwithstanding any other provision of law, rule or regulation to
   44  the contrary, for hearings commenced by the  filing  of  charges  on  or
   45  after  April  first,  two  thousand twelve, the hearing officer shall be
   46  compensated by the department for each day of actual service plus neces-
   47  sary travel and other reasonable expenses incurred in the performance of
   48  his or her duties, provided that  the  commissioner  shall  establish  a
   49  schedule  for maximum rates of compensation of hearing officers based on
   50  customary and reasonable fees for service as an arbitrator  and  provide
   51  for limitations on the number of study hours that may be claimed.
   52    (ii)  The  commissioner  shall  mail  to  the  employing board and the
   53  employee the list of potential hearing officers and biographies provided
   54  to the commissioner by the association,  the  employing  board  and  the
   55  employee, individually or through their agents or representatives, shall
       S. 4210                            33
    1  by  mutual  agreement select a hearing officer from said list to conduct
    2  the hearing and shall notify the commissioner of their selection.
    3    (iii)  Within fifteen days after receiving the list of potential hear-
    4  ing officers as described in subparagraph (ii) of  this  paragraph,  the
    5  employing  board  and the employee shall each notify the commissioner of
    6  their agreed upon hearing officer selection. If the employing board  and
    7  the  employee fail to agree on an arbitrator to serve as a hearing offi-
    8  cer from the list of potential hearing officers, or fail to  notify  the
    9  commissioner  of  a  selection  within such fifteen day time period, the
   10  commissioner  shall  appoint  a  hearing  officer  from  the  list.  The
   11  provisions  of  this subparagraph shall not apply in cities with a popu-
   12  lation of one million or more with alternative procedures  specified  in
   13  section three thousand twenty of this article.
   14    (iv)  In those cases COMMENCED BY THE FILING OF CHARGES PRIOR TO APRIL
   15  FIRST, TWO THOUSAND FIFTEEN in which the employee  elects  to  have  the
   16  charges heard by a hearing panel, the hearing panel shall consist of the
   17  hearing  officer,  selected in accordance with this subdivision, and two
   18  additional persons, one selected by the employee and one selected by the
   19  employing board, from a list maintained for such purpose by the  commis-
   20  sioner. The list shall be composed of professional personnel with admin-
   21  istrative  or supervisory responsibility, professional personnel without
   22  administrative or supervisory responsibility, chief  school  administra-
   23  tors,  members  of  employing  boards  and others selected from lists of
   24  nominees  submitted  to  the  commissioner  by  statewide  organizations
   25  representing  teachers,  school  administrators  and supervisors and the
   26  employing boards. Hearing panel members other than the  hearing  officer
   27  shall  be  compensated  by  the  department  at  the rate of one hundred
   28  dollars for each day of actual service plus necessary travel and subsis-
   29  tence expenses. The hearing officer shall be compensated as set forth in
   30  this subdivision. The hearing officer shall be the  chairperson  of  the
   31  hearing panel.
   32    c.  Hearing  procedures. (i) (A) The commissioner shall have the power
   33  to establish necessary rules and procedures for the conduct of  hearings
   34  under this section.
   35    (B)  The  department  shall be authorized to monitor and investigate a
   36  hearing officer's compliance with statutory timelines pursuant  to  this
   37  section. The commissioner shall annually inform all hearing officers who
   38  have heard cases pursuant to this section during the preceding year that
   39  the time periods prescribed in this section for conducting such hearings
   40  are  to  be strictly followed. A record of continued failure to commence
   41  and complete hearings within the time periods prescribed in this section
   42  shall be considered grounds for the commissioner to exclude  such  indi-
   43  vidual from the list of potential hearing officers sent to the employing
   44  board and the employee for such hearings.
   45    (C)  Such  rules  shall not require compliance with technical rules of
   46  evidence. Hearings shall be conducted by the  hearing  officer  selected
   47  pursuant  to paragraph b of this subdivision [with full and fair disclo-
   48  sure of the nature of the case and evidence against the employee by  the
   49  employing board] and shall be public or private at the discretion of the
   50  employee.  FULL  AND FAIR DISCLOSURE OF THE WITNESSES AND EVIDENCE SHALL
   51  BE MADE BY BOTH PARTIES IN THE MANNER PRESCRIBED IN ARTICLES  THREE  AND
   52  FOUR  OF THE STATE ADMINISTRATIVE PROCEDURE ACT. The employee shall have
   53  a reasonable opportunity to defend himself or herself and an opportunity
   54  to testify in his or her own behalf. The employee shall not be  required
   55  to  testify.  Each party shall have the right to be represented by coun-
   56  sel, to subpoena witnesses, and to cross-examine witnesses. All testimo-
       S. 4210                            34
    1  ny taken shall be under oath which the hearing officer is hereby author-
    2  ized to administer. CHILDREN SHALL BE PERMITTED TO TESTIFY THROUGH SWORN
    3  WRITTEN OR VIDEO STATEMENTS.
    4    (D) An accurate record of the proceedings shall be kept at the expense
    5  of  the  department  at  each  such hearing in accordance with the regu-
    6  lations of the commissioner. A copy of the record of the hearings shall,
    7  upon request, be furnished without charge to the employee and the  board
    8  of education involved. The department shall be authorized to utilize any
    9  new  technology  or such other appropriate means to transcribe or record
   10  such hearings in an accurate,  reliable,  efficient  and  cost-effective
   11  manner  without  any  charge  to  the  employee  or  board  of education
   12  involved.
   13    (i-a)(A) Where charges of incompetence are brought based solely upon a
   14  pattern of ineffective teaching or performance of a classroom teacher or
   15  principal, as defined in section three thousand twelve-c of  this  arti-
   16  cle, the hearing shall be conducted before and by a single hearing offi-
   17  cer  in  an  expedited  hearing,  which shall commence within seven days
   18  after the pre-hearing conference and shall  be  completed  within  sixty
   19  days  after the pre-hearing conference. The hearing officer shall estab-
   20  lish a hearing schedule at the pre-hearing conference to ensure that the
   21  expedited hearing is completed within the  required  timeframes  and  to
   22  ensure an equitable distribution of days between the employing board and
   23  the  charged employee. Notwithstanding any other law, rule or regulation
   24  to the contrary, no adjournments may be granted that  would  extend  the
   25  hearing  beyond  such  sixty days, except as authorized in this subpara-
   26  graph. A hearing officer, upon request, may grant  a  limited  and  time
   27  specific  adjournment  that  would  extend the hearing beyond such sixty
   28  days if the hearing officer determines that the delay is attributable to
   29  a circumstance or occurrence substantially beyond  the  control  of  the
   30  requesting  party  and an injustice would result if the adjournment were
   31  not granted.
   32    (B) Such charges shall allege that the employing board  has  developed
   33  and substantially implemented a teacher or principal improvement plan in
   34  accordance  with  subdivision four of section three thousand twelve-c of
   35  this article for the employee following the first  evaluation  in  which
   36  the employee was rated ineffective, and the immediately preceding evalu-
   37  ation  if  the  employee was rated developing. Notwithstanding any other
   38  provision of law to the contrary, a pattern of ineffective  teaching  or
   39  performance  as defined in section three thousand twelve-c of this arti-
   40  cle shall [constitute very  significant  evidence  of  incompetence  for
   41  purposes  of  this  section] CONSTITUTE PRIMA FACIE EVIDENCE OF INCOMPE-
   42  TENCE THAT CAN ONLY BE REBUTTED BY CLEAR AND  CONVINCING  EVIDENCE  THAT
   43  THE  CALCULATION OF ONE OR MORE OF THE TEACHER'S OR PRINCIPAL'S UNDERLY-
   44  ING COMPOSITE RATINGS ON THE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEWS
   45  PURSUANT  TO SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE WAS FRAUDU-
   46  LENT, AND IF NOT SUCCESSFULLY REBUTTED,  THE  FINDING,  ABSENT  EXTRAOR-
   47  DINARY  CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL.  Nothing in this
   48  subparagraph shall be construed to OTHERWISE limit  the  defenses  which
   49  the  employee  may  place  before the hearing officer in challenging the
   50  allegation of a pattern of ineffective teaching or  performance,  EXCEPT
   51  THAT FAILURE OF THE EMPLOYING BOARD TO REHABILITATE THE TEACHER OR PRIN-
   52  CIPAL AND CORRECT HIS OR HER DEFICIENCIES SHALL NOT BE A DEFENSE.
   53    (C)  The  commissioner  shall annually inform all hearing officers who
   54  have heard cases pursuant to this section during the preceding year that
   55  the time periods prescribed in this subparagraph  for  conducting  expe-
   56  dited  hearings are to be strictly followed. A record of continued fail-
       S. 4210                            35
    1  ure to commence and complete expedited hearings within the time  periods
    2  prescribed  in  this  subparagraph  shall  be considered grounds for the
    3  commissioner to exclude such individual from the list of potential hear-
    4  ing officers sent to the employing board and the employee for such expe-
    5  dited hearings.
    6    (I-B)(A)  WHERE  CHARGES OF MISCONDUCT CONSTITUTING PHYSICAL OR SEXUAL
    7  ABUSE OF A STUDENT ARE BROUGHT, THE HEARING SHALL  BE  CONDUCTED  BEFORE
    8  AND  BY  A  SINGLE  HEARING OFFICER IN AN EXPEDITED HEARING, WHICH SHALL
    9  COMMENCE WITHIN SEVEN DAYS AFTER THE PRE-HEARING CONFERENCE AND SHALL BE
   10  COMPLETED WITHIN SIXTY DAYS AFTER THE PRE-HEARING CONFERENCE. THE  HEAR-
   11  ING  OFFICER  SHALL  ESTABLISH  A  HEARING  SCHEDULE  AT THE PRE-HEARING
   12  CONFERENCE TO ENSURE THAT THE EXPEDITED HEARING IS COMPLETED WITHIN  THE
   13  REQUIRED  TIMEFRAMES  AND  TO  ENSURE  AN EQUITABLE DISTRIBUTION OF DAYS
   14  BETWEEN THE EMPLOYING BOARD AND THE  CHARGED  EMPLOYEE.  NOTWITHSTANDING
   15  ANY  OTHER  LAW, RULE OR REGULATION TO THE CONTRARY, NO ADJOURNMENTS MAY
   16  BE GRANTED THAT WOULD EXTEND THE HEARING BEYOND SUCH SIXTY DAYS,  EXCEPT
   17  AS AUTHORIZED IN THIS SUBPARAGRAPH. A HEARING OFFICER, UPON REQUEST, MAY
   18  GRANT  A  LIMITED  AND  TIME  SPECIFIC ADJOURNMENT THAT WOULD EXTEND THE
   19  HEARING BEYOND SUCH SIXTY DAYS IF THE HEARING  OFFICER  DETERMINES  THAT
   20  THE  DELAY IS ATTRIBUTABLE TO A CIRCUMSTANCE OR OCCURRENCE SUBSTANTIALLY
   21  BEYOND THE CONTROL OF THE REQUESTING PARTY AND AN INJUSTICE WOULD RESULT
   22  IF THE ADJOURNMENT WERE NOT GRANTED.
   23    (B) THE COMMISSIONER SHALL ANNUALLY INFORM ALL  HEARING  OFFICERS  WHO
   24  HAVE HEARD CASES PURSUANT TO THIS SECTION DURING THE PRECEDING YEAR THAT
   25  THE  TIME  PERIODS  PRESCRIBED IN THIS SUBPARAGRAPH FOR CONDUCTING EXPE-
   26  DITED HEARINGS ARE TO BE STRICTLY FOLLOWED AND FAILURE TO DO SO SHALL BE
   27  CONSIDERED GROUNDS FOR THE COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL  FROM
   28  THE  LIST  OF POTENTIAL HEARING OFFICERS SENT TO THE EMPLOYING BOARD AND
   29  THE EMPLOYEE FOR SUCH EXPEDITED HEARINGS.
   30    (ii) The hearing officer selected to  conduct  a  hearing  under  this
   31  section  shall,  within ten to fifteen days of agreeing to serve in such
   32  position, hold a pre-hearing conference  which  shall  be  held  in  the
   33  school district or county seat of the county, or any county, wherein the
   34  employing  school  board is located. The pre-hearing conference shall be
   35  limited in length to one day except that the hearing officer, in his  or
   36  her discretion, may allow one additional day for good cause shown.
   37    (iii) At the pre-hearing conference the hearing officer shall have the
   38  power to:
   39    (A) issue subpoenas;
   40    (B)  hear and decide all motions, including but not limited to motions
   41  to dismiss the charges;
   42    (C) hear and decide  all  applications  for  bills  of  particular  or
   43  requests  for production of materials or information, including, but not
   44  limited to, any witness statement (or statements), investigatory  state-
   45  ment  (or statements) or note (notes), exculpatory evidence or any other
   46  evidence, including district or student records, relevant  and  material
   47  to the employee's defense.
   48    (iv) Any pre-hearing motion or application relative to the sufficiency
   49  of  the  charges,  application  or amendment thereof, or any preliminary
   50  matters shall be made upon written notice to the hearing officer and the
   51  adverse party no less than five days prior to the date of the  pre-hear-
   52  ing  conference.  Any  pre-hearing  motions  or applications not made as
   53  provided for herein shall be deemed waived  except  for  good  cause  as
   54  determined by the hearing officer.
   55    (v)  In  the  event  that  at the pre-hearing conference the employing
   56  board presents evidence that the professional license  of  the  employee
       S. 4210                            36
    1  has  been revoked and all judicial and administrative remedies have been
    2  exhausted or foreclosed, the hearing officer shall  schedule  the  date,
    3  time  and  place  for an expedited hearing, which hearing shall commence
    4  not  more  than  seven  days  after the pre-hearing conference and which
    5  shall be limited to one day. The expedited hearing shall be held in  the
    6  local school district or county seat of the county or any county, where-
    7  in  the said employing board is located. The expedited hearing shall not
    8  be postponed except upon the request of a party and then only  for  good
    9  cause  as determined by the hearing officer. At such hearing, each party
   10  shall have equal time in which to present its case.
   11    (vi) During the pre-hearing  conference,  the  hearing  officer  shall
   12  determine the reasonable amount of time necessary for a final hearing on
   13  the  charge  or  charges  and  shall  schedule the location, time(s) and
   14  date(s) for the final hearing. The final hearing shall be  held  in  the
   15  local school district or county seat of the county, or any county, wher-
   16  ein  the  said  employing school board is located. In the event that the
   17  hearing officer determines that the nature  of  the  case  requires  the
   18  final hearing to last more than one day, the days that are scheduled for
   19  the  final  hearing  shall be consecutive. The day or days scheduled for
   20  the final hearing shall not be postponed except upon the  request  of  a
   21  party  and  then  only for good cause shown as determined by the hearing
   22  officer. In all cases, the final hearing shall  be  completed  no  later
   23  than  sixty  days  after  the  pre-hearing conference unless the hearing
   24  officer determines that extraordinary circumstances  warrant  a  limited
   25  extension.
   26    (vii)  All  evidence  shall  be  submitted  by  all parties within one
   27  hundred twenty-five days of the filing  of  charges  and  no  additional
   28  evidence shall be accepted after such time, absent extraordinary circum-
   29  stances beyond the control of the parties.
   30    d.  Limitation  on claims. Notwithstanding any other provision of law,
   31  rule or regulation to the contrary, no payments shall  be  made  by  the
   32  department  pursuant  to  this  subdivision on or after April first, two
   33  thousand twelve for: (i) compensation of a hearing  officer  or  hearing
   34  panel  member,  (ii)  reimbursement  of  such  hearing officers or panel
   35  members for necessary travel or other  expenses  incurred  by  them,  or
   36  (iii)  for  other  hearing  expenses on a claim submitted later than one
   37  year after the final disposition of the hearing by any means,  including
   38  settlement, or within ninety days after the effective date of this para-
   39  graph,  whichever  is later; provided that no payment shall be barred or
   40  reduced where such payment is required as a result of a court  order  or
   41  judgment or a final audit.
   42    4.  Post  hearing  procedures.  a.  The hearing officer shall render a
   43  written decision within thirty days of the last day of the  final  hear-
   44  ing,  or  in  the  case  of an expedited hearing within ten days of such
   45  expedited hearing, and shall forward a copy thereof to the  commissioner
   46  who shall immediately forward copies of the decision to the employee and
   47  to  the  clerk or secretary of the employing board. The written decision
   48  shall include the hearing officer's findings of fact on each charge, his
   49  or her conclusions with regard to each charge based on said findings and
   50  shall state what penalty or other action, if any, shall be taken by  the
   51  employing  board.  [At the request of the employee, in determining what,
   52  if any, penalty or other action shall be imposed,  the  hearing  officer
   53  shall  consider  the  extent  to  which the employing board made efforts
   54  towards correcting the behavior of the employee which resulted in charg-
   55  es being brought under this section  through  means  including  but  not
   56  limited  to:    remediation, peer intervention or an employee assistance
       S. 4210                            37
    1  plan.] FAILURE OF THE EMPLOYING BOARD TO REMEDIATE OR CORRECT THE BEHAV-
    2  IOR OF THE EMPLOYEE SHALL NOT BE A DEFENSE TO ANY CHARGES AND SHALL  NOT
    3  BE CONSIDERED BY THE HEARING OFFICER IN DETERMINING THE PENALTY OR OTHER
    4  ACTION  TO  BE  IMPOSED. In those cases where a penalty is imposed, such
    5  penalty may be a written reprimand, a fine, suspension for a fixed  time
    6  without  pay,  or  dismissal. In addition to or in lieu of the aforemen-
    7  tioned penalties, the hearing officer[, where he or she deems  appropri-
    8  ate,]  may  impose  upon  the employee remedial action including but not
    9  limited to leaves of absence with or without pay,  continuing  education
   10  and/or study, a requirement that the employee seek counseling or medical
   11  treatment  or that the employee engage in any other remedial or combina-
   12  tion of remedial actions. PROVIDED, HOWEVER, THAT  THE  HEARING  OFFICER
   13  SHALL  ADOPT THE PENALTY RECOMMENDED BY THE EMPLOYING BOARD EXCEPT WHERE
   14  THE HEARING OFFICER CONCLUDES THAT THE BOARD ACTED IN BAD FAITH OR THERE
   15  ARE EXTRAORDINARY CIRCUMSTANCES IN WHICH THE RECOMMENDED  PENALTY  WOULD
   16  BE  SO  DISPROPORTIONATE TO THE OFFENSES PROVEN AS TO BE SHOCKING TO THE
   17  CONSCIENCE OF THE HEARING OFFICER.
   18    b. Within fifteen days of receipt of the  hearing  officer's  decision
   19  the  employing  board  shall  implement the decision. If the employee is
   20  acquitted he or she shall be restored to his or her position  with  full
   21  pay  for  any  period of suspension without pay and the charges expunged
   22  from the employment record. If an employee who was convicted of a felony
   23  crime specified in paragraph b of subdivision two of this  section,  has
   24  said conviction reversed, the employee, upon application, shall be enti-
   25  tled to have his or her pay and other emoluments restored, for the peri-
   26  od from the date of his or her suspension to the date of the decision.
   27    c.  The  hearing officer shall indicate in the decision whether any of
   28  the charges brought by the employing board were frivolous as defined  in
   29  section  eighty-three  hundred  three-a  of  the  civil practice law and
   30  rules. If the hearing officer finds that  all  of  the  charges  brought
   31  against the employee were frivolous, the hearing officer shall order the
   32  employing  board  to  reimburse the department the reasonable costs said
   33  department incurred as a result of the proceeding and to  reimburse  the
   34  employee  the  reasonable costs, including but not limited to reasonable
   35  attorneys' fees, the employee incurred in defending the charges. If  the
   36  hearing  officer  finds  that  some  but  not all of the charges brought
   37  against the employee were frivolous, the hearing officer shall order the
   38  employing board to reimburse the department a portion, in the discretion
   39  of the hearing officer, of the reasonable costs said department incurred
   40  as a result of the proceeding and to reimburse the employee  a  portion,
   41  in  the  discretion  of  the  hearing  officer, of the reasonable costs,
   42  including but not limited to reasonable attorneys'  fees,  the  employee
   43  incurred in defending the charges.
   44    5.  Appeal.  a.  Not  later than ten days after receipt of the hearing
   45  officer's decision, the employee or the  employing  board  may  make  an
   46  application  to the New York state supreme court to vacate or modify the
   47  decision of the hearing officer pursuant to section seventy-five hundred
   48  eleven of the civil practice law and rules. The court's review shall  be
   49  limited  to  the  grounds set forth in such section. The hearing panel's
   50  determination shall be deemed to  be  final  for  the  purpose  of  such
   51  proceeding.
   52    b.  In no case shall the filing or the pendency of an appeal delay the
   53  implementation of the decision of the hearing officer.
   54    S 4. Paragraph j of subdivision 5-a of section 3012-c of the education
   55  law, as added by chapter 21 of the laws of 2012, is amended to  read  as
   56  follows:
       S. 4210                            38
    1    j.  If  a  teacher receives an ineffective rating for a school year in
    2  which the teacher is in year two status and  the  independent  validator
    3  agrees,  the  district may bring a proceeding pursuant to sections three
    4  thousand twenty and three thousand twenty-a of this article based  on  a
    5  pattern  of ineffective teaching or performance. In such proceeding, the
    6  charges shall allege that the employing board has developed and substan-
    7  tially implemented a teacher improvement plan in accordance with  subdi-
    8  vision  four  of  this section for the employee following the evaluation
    9  made for the year in which the employee was in year one status  and  was
   10  rated  ineffective.  The  pattern of ineffective teaching or performance
   11  shall [give rise to a rebuttable presumption of incompetence and if  the
   12  presumption  is  not successfully rebutted, the finding, absent extraor-
   13  dinary circumstances, shall be just cause for removal] CONSTITUTE  PRIMA
   14  FACIE  EVIDENCE  OF  INCOMPETENCE THAT CAN ONLY BE REBUTTED BY CLEAR AND
   15  CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR MORE OF THE TEACHER'S
   16  OR PRINCIPAL'S UNDERLYING COMPOSITE RATINGS ON THE  ANNUAL  PROFESSIONAL
   17  PERFORMANCE  REVIEWS PURSUANT TO THIS SECTION WAS FRAUDULENT, AND IF NOT
   18  SUCCESSFULLY REBUTTED, THE FINDING, ABSENT EXTRAORDINARY  CIRCUMSTANCES,
   19  SHALL  BE  JUST  CAUSE FOR REMOVAL. In these hearings, the teacher shall
   20  have up to three days to present his or her case for every one day  used
   21  by  the district to present its case. The hearing officer shall render a
   22  written decision within ten days of the last day of the hearing.
   23    S 5. This act shall take effect April 1, 2015 and shall apply to hear-
   24  ings commenced by the filing or service of charges on or after April  1,
   25  2015, provided that effective immediately, the commissioner of education
   26  shall  be  authorized  to promulgate any regulations needed to implement
   27  the provisions of this act on such effective date.
   28                                  SUBPART F
   29    Section 1. Paragraph (a) of subdivision  1  of  section  2856  of  the
   30  education  law,  as amended by section 3 of part BB of chapter 56 of the
   31  laws of 2014, is amended to read as follows:
   32    (a) The enrollment of students  attending  charter  schools  shall  be
   33  included  in  the enrollment, attendance, membership and, if applicable,
   34  count of students with disabilities of the school district in which  the
   35  pupil  resides.  The  charter  school  shall report all such data to the
   36  school districts of residence in a timely manner. Each  school  district
   37  shall  report  such  enrollment,  attendance  and count of students with
   38  disabilities to the department. The school district of  residence  shall
   39  pay  directly  to  the  charter  school for each student enrolled in the
   40  charter school who resides in the school  district  the  charter  school
   41  basic tuition, which shall be:
   42    (i)  for school years prior to the two thousand nine--two thousand ten
   43  school year and for school years following the two thousand sixteen--two
   44  thousand seventeen school year, an amount equal to one  hundred  percent
   45  of  the  amount calculated pursuant to paragraph f of subdivision one of
   46  section thirty-six hundred two of this chapter for the  school  district
   47  for  the  year prior to the base year increased by the percentage change
   48  in the state total approved operating  expense  calculated  pursuant  to
   49  paragraph t of subdivision one of section thirty-six hundred two of this
   50  chapter from two years prior to the base year to the base year;
   51    (ii)  for  the  two  thousand  nine--two thousand ten school year, the
   52  charter school basic  tuition  shall  be  the  amount  payable  by  such
   53  district as charter school basic tuition for the two thousand eight--two
   54  thousand nine school year;
       S. 4210                            39
    1    (iii)  for the two thousand ten--two thousand eleven through two thou-
    2  sand thirteen--two thousand fourteen school years,  the  charter  school
    3  basic  tuition  shall be the basic tuition computed for the two thousand
    4  ten--two thousand eleven school  year  pursuant  to  the  provisions  of
    5  subparagraph (i) of this paragraph;
    6    (iv) for the two thousand fourteen--two thousand fifteen, two thousand
    7  fifteen--two  thousand  sixteen  and  two thousand sixteen--two thousand
    8  seventeen school years, the charter school basic tuition  shall  be  the
    9  sum  of  the lesser of the charter school basic tuition computed for the
   10  two thousand ten--two  thousand  eleven  school  year  pursuant  to  the
   11  provisions  of  subparagraph (i) of this paragraph or the charter school
   12  basic tuition computed for the current year pursuant to  the  provisions
   13  of  subparagraph  (i)  of  this  paragraph  plus  the supplemental basic
   14  tuition.
   15    For the purposes of this subdivision, the "supplemental basic tuition"
   16  shall be (A) for a school district for which the  charter  school  basic
   17  tuition  computed  for  the current year is greater than or equal to the
   18  charter school basic tuition for  the  two  thousand  ten--two  thousand
   19  eleven  school  year  pursuant  to the provisions of subparagraph (i) of
   20  this paragraph, (1) for the two thousand fourteen--two thousand  fifteen
   21  school  year two hundred and fifty dollars, and (2) for the two thousand
   22  fifteen--two thousand sixteen school year [three hundred and fifty] FIVE
   23  HUNDRED SEVENTY-FIVE dollars, and (3) for the two thousand  sixteen--two
   24  thousand  seventeen  school year five hundred SEVENTY-FIVE dollars, PLUS
   25  THE POSITIVE DIFFERENCE OF THE CHARTER  SCHOOL  BASIC  TUITION  FOR  THE
   26  CURRENT  SCHOOL  YEAR MINUS THE CHARTER SCHOOL BASIC TUITION FOR THE TWO
   27  THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS
   28  OF SUBPARAGRAPH (I) OF THIS PARAGRAPH, and (B) for a school district for
   29  which the charter school basic tuition for  the  two  thousand  ten--two
   30  thousand  eleven  school  year  is greater than the charter school basic
   31  tuition for the current year pursuant to the provisions of  subparagraph
   32  (i)  of  this  paragraph,  the positive difference of the charter school
   33  basic tuition for the two thousand ten--two thousand eleven school  year
   34  minus  the charter school basic tuition for the current year pursuant to
   35  the provisions of subparagraph (i) of this paragraph.
   36    S 2. Paragraph (a) of subdivision 1 of section 2856 of  the  education
   37  law,  as  amended  by  section 4 of part BB of chapter 56 of the laws of
   38  2014, is amended to read as follows:
   39    (a) The enrollment of students  attending  charter  schools  shall  be
   40  included  in  the enrollment, attendance, MEMBERSHIP and, if applicable,
   41  count of students with disabilities of the school district in which  the
   42  pupil  resides.  The  charter  school  shall report all such data to the
   43  school districts of residence in a timely manner. Each  school  district
   44  shall  report  such  enrollment,  attendance  and count of students with
   45  disabilities to the department. The school district of  residence  shall
   46  pay  directly  to  the  charter  school for each student enrolled in the
   47  charter school who resides in the school  district  the  charter  school
   48  basic tuition which shall be:
   49    (i)  for school years prior to the two thousand nine--two thousand ten
   50  school year and for school years following the two thousand sixteen--two
   51  thousand seventeen school year, an amount equal to one  hundred  percent
   52  of  the  amount calculated pursuant to paragraph f of subdivision one of
   53  section thirty-six hundred two of this chapter for the  school  district
   54  for  the  year prior to the base year increased by the percentage change
   55  in the state total approved operating  expense  calculated  pursuant  to
       S. 4210                            40
    1  paragraph t of subdivision one of section thirty-six hundred two of this
    2  chapter from two years prior to the base year to the base year;
    3    (ii)  for  the  two  thousand  nine--two thousand ten school year, the
    4  charter school basic  tuition  shall  be  the  amount  payable  by  such
    5  district as charter school basic tuition for the two thousand eight--two
    6  thousand nine school year;
    7    (iii)  for the two thousand ten--two thousand eleven through two thou-
    8  sand thirteen--two thousand fourteen school years,  the  charter  school
    9  basic  tuition  shall be the basic tuition computed for the two thousand
   10  ten--two thousand eleven school  year  pursuant  to  the  provisions  of
   11  subparagraph (i) of this paragraph;
   12    (iv) for the two thousand fourteen--two thousand fifteen, two thousand
   13  fifteen--two  thousand  sixteen  and  two thousand sixteen--two thousand
   14  seventeen school years, the charter school basic tuition  shall  be  the
   15  sum  of  the lesser of the charter school basic tuition computed for the
   16  two thousand ten--two  thousand  eleven  school  year  pursuant  to  the
   17  provisions  of  subparagraph (i) of this paragraph or the charter school
   18  basic tuition computed for the current year pursuant to  the  provisions
   19  of  subparagraph  (i)  of  this  paragraph  plus  the supplemental basic
   20  tuition.
   21    For the purposes of this subdivision, the "supplemental basic tuition"
   22  shall be (A) for a school district for which the  charter  school  basic
   23  tuition  computed  for  the current year is greater than or equal to the
   24  charter school basic tuition for  the  two  thousand  ten--two  thousand
   25  eleven  school  year  pursuant  to the provisions of subparagraph (i) of
   26  this paragraph, (1) for the two thousand fourteen--two thousand  fifteen
   27  school  year two hundred and fifty dollars, and (2) for the two thousand
   28  fifteen--two thousand sixteen school year [three hundred and fifty] FIVE
   29  HUNDRED SEVENTY-FIVE dollars, and (3) for the two thousand  sixteen--two
   30  thousand  seventeen  school year five hundred SEVENTY-FIVE dollars, PLUS
   31  THE POSITIVE DIFFERENCE OF THE CHARTER  SCHOOL  BASIC  TUITION  FOR  THE
   32  CURRENT  SCHOOL  YEAR MINUS THE CHARTER SCHOOL BASIC TUITION FOR THE TWO
   33  THOUSAND  TEN--TWO  THOUSAND  ELEVEN    SCHOOL  YEAR  PURSUANT  TO   THE
   34  PROVISIONS  OF  SUBPARAGRAPH (I) OF THIS PARAGRAPH, and (B) for a school
   35  district for which the charter school basic tuition for the two thousand
   36  ten--two thousand eleven school year is greater than the charter  school
   37  basic tuition for the current year pursuant to the provisions of subpar-
   38  agraph  (i)  of  this  paragraph, the positive difference of the charter
   39  school basic tuition for  the  two  thousand  ten--two  thousand  eleven
   40  school  year minus the charter school basic tuition for the current year
   41  pursuant to the provisions of subparagraph (i) of this paragraph.
   42    S 3. Subdivisions 9 and 9-a of section  2852  of  the  education  law,
   43  subdivision  9 as amended and subdivision 9-a as added by chapter 101 of
   44  the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter
   45  221 of the laws of 2010, paragraph (f) of subdivision 9-a as amended  by
   46  chapter 102 of the laws of 2010, are amended to read as follows:
   47    9. The total number of charters issued pursuant to this article STATE-
   48  WIDE  shall  not  exceed  [four] FIVE hundred sixty. (a) [One hundred of
   49  such charters shall be issued on the recommendation of the charter enti-
   50  ty described in paragraph (b) of subdivision three  of  section  twenty-
   51  eight  hundred  fifty-one of this article; (b) one hundred of such char-
   52  ters shall be issued on the recommendation of the other charter entities
   53  set forth in subdivision three of section twenty-eight hundred fifty-one
   54  of this article; (c) up to fifty of the additional  charters  authorized
   55  to  be  issued  by  the  chapter of the laws of two thousand seven which
   56  amended this subdivision effective July first, two thousand seven  shall
       S. 4210                            41
    1  be  reserved for a city school district of a city having a population of
    2  one million or more; (d) one hundred thirty charters shall be issued  by
    3  the  board  of  regents  pursuant to a competitive process in accordance
    4  with  subdivision  nine-a  of  this  section, provided that no more than
    5  fifty-seven of such charters shall be granted to a charter for a  school
    6  to  be located in a city having a population of one million or more; (e)
    7  one hundred thirty charters shall be issued by the board of  regents  on
    8  the  recommendation  of the board of trustees of the state university of
    9  New York pursuant to a competitive process in accordance  with  subdivi-
   10  sion  nine-a  of this section, provided that no more than fifty-seven of
   11  such charters shall be granted to a charter for a school to  be  located
   12  in  a  city  having  a  population  of one million or more] ALL CHARTERS
   13  ISSUED ON OR AFTER FEBRUARY FIRST,  TWO  THOUSAND  FIFTEEN  AND  COUNTED
   14  TOWARD  THE  NUMERICAL  LIMITS  ESTABLISHED BY THIS SUBDIVISION SHALL BE
   15  ISSUED BY THE BOARD OF REGENTS UPON APPLICATION DIRECTLY TO THE BOARD OF
   16  REGENTS OR ON THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF  THE  STATE
   17  UNIVERSITY  OF  NEW YORK PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE
   18  WITH SUBDIVISION NINE-A OF THIS SECTION. The  failure  of  any  body  to
   19  issue  the  regulations  authorized  pursuant  to this article shall not
   20  affect the authority of a charter entity to propose  a  charter  to  the
   21  board  of regents or the board of regents' authority to grant such char-
   22  ter. A conversion of an existing public school to a  charter  school  or
   23  the  renewal  or  extension  of a charter APPROVED BY ANY CHARTER ENTITY
   24  shall not be counted toward the numerical  limits  established  by  this
   25  subdivision.
   26    (B)  A  CHARTER  SCHOOL WHOSE CHARTER HAS BEEN SURRENDERED, REVOKED OR
   27  TERMINATED, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY  ACTION  OF
   28  ITS  CHARTER  ENTITY,  SHALL  NOT BE COUNTED TOWARD THE NUMERICAL LIMITS
   29  ESTABLISHED BY THIS SUBDIVISION AND INSTEAD SHALL  BE  RETURNED  TO  THE
   30  STATEWIDE  POOL  AND MAY BE REISSUED BY THE BOARD OF REGENTS EITHER UPON
   31  APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF
   32  THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO  A
   33  COMPETITIVE  PROCESS  IN  ACCORDANCE  WITH  SUBDIVISION  NINE-A  OF THIS
   34  SECTION.
   35    (C) FOR PURPOSES OF DETERMINING THE TOTAL NUMBER  OF  CHARTERS  ISSUED
   36  WITHIN  THE  NUMERICAL  LIMITS  ESTABLISHED  BY  THIS  SUBDIVISION,  THE
   37  APPROVAL DATE OF THE CHARTERING ENTITY SHALL BE THE DETERMINING FACTOR.
   38    9-a. (a) The board of regents is hereby  authorized  and  directed  to
   39  issue  [two]  UP TO FIVE hundred sixty charters UPON EITHER APPLICATIONS
   40  SUBMITTED DIRECTLY TO THE BOARD OF REGENTS OR  APPLICATIONS  RECOMMENDED
   41  BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK pursuant to
   42  a competitive request for proposals process.
   43    [(i)  Commencing  on  August first, two thousand ten through September
   44  first, two thousand thirteen, the board of  regents  and  the  board  of
   45  trustees  of the state university of New York shall each issue a request
   46  for proposals in accordance with this subdivision and this subparagraph:
   47    (1) Each request for proposals to be issued by the  board  of  regents
   48  and  the board of trustees of the state university of New York on August
   49  first, two thousand ten shall be for a maximum of thirty-two charters to
   50  be issued for charter schools which would commence instructional  opera-
   51  tion by the September of the next calendar year.
   52    (2)  Each  request  for proposals to be issued by the board of regents
   53  and the board of trustees of the state university of New York on January
   54  first, two thousand eleven shall be for a maximum of thirty-three  char-
   55  ters to be issued for charter schools which would commence instructional
   56  operation by the September of the next calendar year.
       S. 4210                            42
    1    (3)  Each  request  for proposals to be issued by the board of regents
    2  and the board of trustees of the state university of New York on January
    3  first, two thousand twelve shall be for a maximum of thirty-two charters
    4  to be issued for charter  schools  which  would  commence  instructional
    5  operation by the September of the next calendar year.
    6    (4)  Each  request  for proposals to be issued by the board of regents
    7  and the board of trustees of the state university of New York on Septem-
    8  ber first, two thousand thirteen shall be for a maximum of  thirty-three
    9  charters  to be issued for charter schools which would commence instruc-
   10  tional operation by the September of the next calendar year.
   11    (ii) If after September first, two thousand thirteen, either the board
   12  of regents or the board of trustees of the state university of New  York
   13  have  any  charters  which  have not yet been issued, they may be issued
   14  pursuant to requests for proposals issued in each succeeding year, with-
   15  out limitation as to when such requests for proposals may be issued,  or
   16  a limitation on the number of charters which may be issued.
   17    (iii)  Notwithstanding  the  provisions of clauses one, two, three and
   18  four of subparagraph (i) of this paragraph and subparagraph (ii) of this
   19  paragraph, if fewer charters are issued  than  were  requested  in  such
   20  request  for  proposals,  the  difference  may be added to the number of
   21  charters requested in the request for proposals issued in each  succeed-
   22  ing year.
   23    (iv)] The board of regents shall make a determination to issue a char-
   24  ter  pursuant  to a request for proposals no later than December thirty-
   25  first of each year.
   26    (b) The board of regents and  the  board  of  trustees  of  the  state
   27  university  of New York shall each develop such request for proposals in
   28  a manner that facilitates a thoughtful review of charter school applica-
   29  tions, considers the demand for charter schools by  the  community,  and
   30  seeks  to  locate charter schools in a region or regions where there may
   31  be a lack of alternatives and access to charter  schools  would  provide
   32  new  alternatives  within  the  local public education system that would
   33  offer the greatest educational benefit to students.  Applications  shall
   34  be  evaluated  in  accordance with the criteria and objectives contained
   35  within a request for proposals. The board of regents and  the  board  of
   36  trustees  of  the  state  university  of New York shall not consider any
   37  applications which do not rigorously demonstrate that they have met  the
   38  following criteria:
   39    (i)  that  the proposed charter school would meet or exceed enrollment
   40  and retention targets, as prescribed by the  board  of  regents  or  the
   41  board of trustees of the state university of New York, as applicable, of
   42  students  with disabilities, English language learners, and students who
   43  are eligible applicants for the free and reduced  price  lunch  program.
   44  When  developing  such  targets,  the  board of regents and the board of
   45  trustees of the state university of New York, shall ensure (1) that such
   46  enrollment targets are comparable to  the  enrollment  figures  of  such
   47  categories  of  students  attending the public schools within the school
   48  district, or in a city school district in a city having a population  of
   49  one million or more inhabitants, the community school district, in which
   50  the  proposed  charter  school  would  be  located;  and  (2)  that such
   51  retention targets are comparable to the rate of retention of such  cate-
   52  gories  of  students  attending  the  public  schools  within the school
   53  district, or in a city school district in a city having a population  of
   54  one million or more inhabitants, the community school district, in which
   55  the proposed charter school would be located; and
       S. 4210                            43
    1    (ii)  that  the applicant has conducted public outreach, in conformity
    2  with a thorough and meaningful public review process prescribed  by  the
    3  board  of  regents  and the board of trustees of the state university of
    4  New York, to solicit community  input  regarding  the  proposed  charter
    5  school  and  to  address  comments  received from the impacted community
    6  concerning the educational and programmatic needs of students.
    7    (c) The board of regents and  the  board  of  trustees  of  the  state
    8  university of New York shall grant priority based on a scoring rubric to
    9  those  applications  that  best  demonstrate  how  they will achieve the
   10  following objectives, and any additional objectives the board of regents
   11  and the board of trustees of the  state  university  of  New  York,  may
   12  prescribe:
   13    (i)  increasing student achievement and decreasing student achievement
   14  gaps in reading/language arts and mathematics;
   15    (ii) increasing high school graduation rates and focusing  on  serving
   16  specific  high school student populations including, but not limited to,
   17  students at risk of not obtaining a  high  school  diploma,  re-enrolled
   18  high  school  drop-outs,  and  students with academic skills below grade
   19  level;
   20    (iii) focusing on the academic achievement of middle  school  students
   21  and preparing them for a successful transition to high school;
   22    (iv)   utilizing   high-quality  assessments  designed  to  measure  a
   23  student's knowledge, understanding of, and ability  to  apply,  critical
   24  concepts through the use of a variety of item types and formats;
   25    (v)  increasing  the  acquisition, adoption, and use of local instruc-
   26  tional improvement systems that provide teachers, principals, and admin-
   27  istrators with the information and resources they  need  to  inform  and
   28  improve  their  instructional  practices,  decision-making,  and overall
   29  effectiveness;
   30    (vi) partnering with low performing public  schools  in  the  area  to
   31  share best educational practices and innovations;
   32    (vii) demonstrating the management and leadership techniques necessary
   33  to  overcome  initial  start-up problems to establish a thriving, finan-
   34  cially viable charter school;
   35    (viii) demonstrating the support of the school district in  which  the
   36  proposed  charter  school will be located and the intent to establish an
   37  ongoing relationship with such school district.
   38    (d) No later than November  first,  two  thousand  ten,  and  of  each
   39  succeeding  year,  after a thorough review of applications received, the
   40  board of trustees of the state university of New  York  shall  recommend
   41  for  approval to the board of regents the qualified applications that it
   42  has determined rigorously demonstrate the criteria and best satisfy  the
   43  objectives contained within a request for proposals, along with support-
   44  ing documentation outlining such determination.
   45    (e)  Upon  receipt of a proposed charter to be issued pursuant to this
   46  subdivision submitted by a charter entity, the board of regents  or  the
   47  board  of  trustees  of  the state university of New York, shall review,
   48  recommend and issue, as applicable, such charters in accordance with the
   49  standards established in this subdivision.
   50    (f) The board of regents shall be the only entity authorized to  issue
   51  a  charter pursuant to this article. The board of regents shall consider
   52  applications submitted directly to the board of regents and applications
   53  recommended by the board of trustees of  the  state  university  of  New
   54  York. Provided, however, that all such recommended applications shall be
   55  deemed  approved  and  issued pursuant to the provisions of subdivisions
   56  five, five-a and five-b of this section.
       S. 4210                            44
    1    (g) Each application submitted in response to a request for  proposals
    2  pursuant  to  this  subdivision shall also meet the application require-
    3  ments set out in this article and any other applicable laws,  rules  and
    4  regulations.
    5    (h) During the development of a request for proposals pursuant to this
    6  subdivision  the board of regents and the board of trustees of the state
    7  university of New York shall each afford the public  an  opportunity  to
    8  submit comments and shall review and consider the comments raised by all
    9  interested parties.
   10    S  4.  Paragraph (b) of subdivision 2 of section 2854 of the education
   11  law, as amended by chapter 101 of the laws of 2010, is amended  to  read
   12  as follows:
   13    (b) Any child who is qualified under the laws of this state for admis-
   14  sion  to a public school is qualified for admission to a charter school.
   15  Applications for admission to a charter school shall be submitted  on  a
   16  uniform  application  form  created  by the department and shall be made
   17  available by a charter school in languages predominately spoken  in  the
   18  community  in  which  such  charter  school is located. The school shall
   19  enroll each eligible student who submits a  timely  application  by  the
   20  first  day of April each year, unless the number of applications exceeds
   21  the capacity of the grade level or building.  In  such  cases,  students
   22  shall  be  accepted from among applicants by a random selection process,
   23  provided, however, that an enrollment preference shall  be  provided  to
   24  pupils  returning  to the charter school in the second or any subsequent
   25  year of operation and pupils residing in the school  district  in  which
   26  the  charter  school is located, and siblings of pupils already enrolled
   27  in the charter school. PREFERENCE SHALL ALSO BE PROVIDED TO (I) STUDENTS
   28  WHO ARE ELIGIBLE  APPLICANTS  FOR  THE  FREE  AND  REDUCED  PRICE  LUNCH
   29  PROGRAM,  (II)  STUDENTS  WHO ARE CURRENTLY ATTENDING OR WOULD OTHERWISE
   30  ATTEND A SCHOOL DISTRICT OR SCHOOL DESIGNATED AS  CHRONICALLY  UNDERPER-
   31  FORMING  PURSUANT  TO  SECTIONS  TWO  HUNDRED  ELEVEN-F  AND TWO HUNDRED
   32  ELEVEN-G OF THIS CHAPTER, AND (III) CHILDREN OF EMPLOYEES OF THE CHARTER
   33  SCHOOL, PROVIDED THAT SUCH CHILDREN OF EMPLOYEES MAY ONLY  CONSTITUTE  A
   34  SMALL  PERCENTAGE  OF THE CHARTER SCHOOL'S TOTAL ENROLLMENT. The commis-
   35  sioner shall establish regulations to require that the random  selection
   36  process conducted pursuant to this paragraph be performed in a transpar-
   37  ent  and  equitable manner and to require that the time and place of the
   38  random selection process be publicized in a manner consistent  with  the
   39  requirements  of section one hundred four of the public officers law and
   40  be open to the public. For the purposes of this paragraph and  paragraph
   41  (a) of this subdivision, the school district in which the charter school
   42  is  located  shall mean, for the city school district of the city of New
   43  York, the community district in which the charter school is located.
   44    S 5. Paragraphs (d) and (e) of subdivision 1 of section  2855  of  the
   45  education  law,  paragraph  (d) as amended and paragraph (e) as added by
   46  chapter 101 of the laws of 2010, are amended, and a new paragraph (f) is
   47  added to read as follows:
   48    (d) When the public employment relations board makes  a  determination
   49  that the charter school demonstrates a practice and pattern of egregious
   50  and  intentional  violations  of  subdivision one of section two hundred
   51  nine-a of the civil service law involving interference with or discrimi-
   52  nation against employee rights  under  article  fourteen  of  the  civil
   53  service law; [or]
   54    (e)  Repeated failure to comply with the requirement to meet or exceed
   55  enrollment and retention targets of students with disabilities,  English
   56  language learners, and students who are eligible applicants for the free
       S. 4210                            45
    1  and  reduced  price lunch program pursuant to targets established by the
    2  board of regents or the board of trustees of the state university of New
    3  York, as applicable. Provided, however, if no grounds for terminating  a
    4  charter  are established pursuant to this section other than pursuant to
    5  this paragraph, and the charter school demonstrates  that  it  has  made
    6  extensive  efforts  to  recruit  and  retain  such  students,  including
    7  outreach to parents and families in the surrounding communities,  widely
    8  publicizing  the  lottery  for  such school, and efforts to academically
    9  support such students in such charter school, then the charter entity or
   10  board of regents may retain such charter[.]; OR
   11    (F) REPEATED FAILURE TO COMPLY WITH THE  DATA  REPORTING  REQUIREMENTS
   12  PRESCRIBED IN SUBDIVISIONS TWO AND TWO-A OF SECTION TWENTY-EIGHT HUNDRED
   13  FIFTY-SEVEN OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO THE END OF THE
   14  YEAR  REPORTING REQUIREMENTS ON THE ENROLLMENT AND RETENTION OF STUDENTS
   15  WITH LIMITED ENGLISH PROFICIENCY; THE NUMBER OF STUDENTS WITH  DISABILI-
   16  TIES  AND  THE  NUMBER  OF  STUDENTS IDENTIFIED AS ELIGIBLE FOR FREE AND
   17  REDUCED PRICE LUNCHES.
   18    S 6. Section 2857 of the education law is  amended  by  adding  a  new
   19  subdivision 2-a to read as follows:
   20    2-A.  NO  LATER THAN THE FIRST DAY OF AUGUST OF EACH SCHOOL YEAR, (FOR
   21  DATA FOR THE PRECEDING SCHOOL YEAR) AND BI-MONTHLY  THEREAFTER  FOR  THE
   22  CURRENT  SCHOOL YEAR DATA, EACH CHARTER SCHOOL SHALL SUBMIT TO THE BOARD
   23  OF REGENTS DATA ON ENROLLMENT RATES, INCLUDING BUT NOT  LIMITED  TO  THE
   24  NUMBER  OF  STUDENTS  WITH  LIMITED  ENGLISH  PROFICIENCY; THE NUMBER OF
   25  STUDENTS WITH DISABILITIES AND THE  NUMBER  OF  STUDENTS  IDENTIFIED  AS
   26  ELIGIBLE  FOR  FREE  AND  REDUCED PRICE LUNCHES AND ANY OTHER ADDITIONAL
   27  REQUIREMENTS PRESCRIBED BY THE BOARD OF REGENTS  IN  THE  RULES  OF  THE
   28  BOARD OF REGENTS.
   29    S  7. This act shall take effect immediately; provided that the amend-
   30  ments to subdivision 1 of section 2856 of  the  education  law  made  by
   31  section one of this act shall be subject to the expiration and reversion
   32  of  such  subdivision pursuant to subdivision d of section 27 of chapter
   33  378 of the laws of 2007, as amended, when upon such date the  provisions
   34  of section two of this act shall take effect.
   35    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   36  sion,  section  or  part  of  this act shall be adjudged by any court of
   37  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   38  impair,  or  invalidate  the remainder thereof, but shall be confined in
   39  its operation to the clause, sentence, paragraph,  subdivision,  section
   40  or part thereof directly involved in the controversy in which such judg-
   41  ment shall have been rendered. It is hereby declared to be the intent of
   42  the  legislature  that  this  act  would  have been enacted even if such
   43  invalid provisions had not been included herein.
   44    S 3. This act shall take effect immediately  provided,  however,  that
   45  the  applicable effective date of Subparts A through F of this act shall
   46  be as specifically set forth in the last section of such Subparts.
   47                                   PART B
   48    Section 1. Subparagraph 1 of paragraph a of subdivision 2  of  section
   49  3012-c  of  the  education  law, as amended by chapter 21 of the laws of
   50  2012, is amended to read as follows:
   51    (1) [The] (I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND  FIFTEEN--TWO
   52  THOUSAND  SIXTEEN  SCHOOL  YEAR, annual professional performance reviews
   53  conducted pursuant to this section for classroom teachers  and  building
   54  principals shall differentiate teacher and principal effectiveness using
       S. 4210                            46
    1  the  following  quality  rating categories: highly effective, effective,
    2  developing and ineffective, with explicit minimum  and  maximum  scoring
    3  ranges for each category, for the state assessments and other comparable
    4  measures  subcomponent  of  the  evaluation and for the locally selected
    5  measures of student  achievement  subcomponent  of  the  evaluation,  as
    6  prescribed  in  the  regulations  of  the  commissioner. There shall be:
    7  [(i)] (A) a state assessments and other comparable measures subcomponent
    8  which shall comprise twenty or twenty-five percent  of  the  evaluation;
    9  [(ii)]  (B) a locally selected measures of student achievement subcompo-
   10  nent which shall comprise twenty or fifteen percent of  the  evaluation;
   11  and  [(iii)] (C) an other measures of teacher or principal effectiveness
   12  subcomponent which shall comprise the remaining  sixty  percent  of  the
   13  evaluation, which in sum shall constitute the composite teacher or prin-
   14  cipal  effectiveness score. Such annual professional performance reviews
   15  shall result in a single composite teacher  or  principal  effectiveness
   16  score,  which incorporates multiple measures of effectiveness related to
   17  the criteria included in the regulations of the commissioner.
   18    (II) FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN  SCHOOL  YEAR
   19  AND THEREAFTER, ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSU-
   20  ANT TO THIS SECTION FOR CLASSROOM TEACHERS AND BUILDING PRINCIPALS SHALL
   21  DIFFERENTIATE  TEACHER  AND  PRINCIPAL EFFECTIVENESS USING THE FOLLOWING
   22  QUALITY RATING CATEGORIES: HIGHLY EFFECTIVE, EFFECTIVE,  DEVELOPING  AND
   23  INEFFECTIVE,  WITH  EXPLICIT MINIMUM AND MAXIMUM SCORING RANGES FOR EACH
   24  CATEGORY, FOR  THE  STATE  ASSESSMENTS  AND  OTHER  COMPARABLE  MEASURES
   25  SUBCOMPONENT  AND THE OTHER MEASURES OF TEACHER AND LEADER EFFECTIVENESS
   26  SUBCOMPONENT, AS PRESCRIBED IN  THE  REGULATIONS  OF  THE  COMMISSIONER.
   27  THERE  SHALL  BE:  (A) A STATE ASSESSMENTS AND OTHER COMPARABLE MEASURES
   28  SUBCOMPONENT WHICH SHALL COMPRISE FIFTY PERCENT OF THE  EVALUATION;  AND
   29  (B) AN OTHER MEASURES OF TEACHER OR PRINCIPAL EFFECTIVENESS SUBCOMPONENT
   30  WHICH  SHALL  COMPRISE  THE  REMAINING  FIFTY PERCENT OF THE EVALUATION,
   31  PURSUANT TO CRITERIA INCLUDED IN THE REGULATIONS OF THE COMMISSIONER.
   32    S 2. Subparagraphs 3, 4, 5, 6, 7 and 8 of paragraph a of subdivision 2
   33  of section 3012-c of the education law, as amended by chapter 21 of  the
   34  laws of 2012, are amended to read as follows:
   35    (3)  For  annual professional performance reviews conducted in accord-
   36  ance with paragraph b of this subdivision for the two thousand  eleven--
   37  two  thousand twelve school year and for annual professional performance
   38  reviews conducted in accordance with paragraph f of this subdivision for
   39  the two thousand twelve--two thousand thirteen [school year], TWO  THOU-
   40  SAND  THIRTEEN--TWO  THOUSAND  FOURTEEN  AND  TWO THOUSAND FOURTEEN--TWO
   41  THOUSAND FIFTEEN SCHOOL YEARS for classroom  teachers  in  subjects  and
   42  grades  for  which  the  board of regents has not approved a value-added
   43  model and for building principals employed in schools  or  programs  for
   44  which  there  is  no  approved  principal value-added model, the scoring
   45  ranges for the student growth on state assessments or  other  comparable
   46  measures  subcomponent  shall be in accordance with this subparagraph. A
   47  classroom teacher and building principal shall receive:
   48    (A) a highly effective rating in this subcomponent if the teacher's or
   49  principal's  results  are  well-above  the  state  average  for  similar
   50  students and they achieve a subcomponent score of 18-20;
   51    (B) an effective rating in this subcomponent if the teacher's or prin-
   52  cipal's  results  meet  the  state average for similar students and they
   53  achieve a subcomponent score of 9-17; or
   54    (C) a developing rating in this subcomponent if the teacher's or prin-
   55  cipal's results are below the state average  for  similar  students  and
   56  they achieve a subcomponent score of 3-8; or
       S. 4210                            47
    1    (D)  an  ineffective  rating in this subcomponent, if the teacher's or
    2  principal's  results  are  well-below  the  state  average  for  similar
    3  students and they achieve a subcomponent score of 0-2.
    4    (4)  For  annual professional performance reviews conducted in accord-
    5  ance with paragraph g of this subdivision for the two thousand  twelve--
    6  two thousand thirteen [school year], TWO THOUSAND THIRTEEN--TWO THOUSAND
    7  FOURTEEN  AND  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEARS
    8  for classroom teachers in subjects and grades for  which  the  board  of
    9  regents  has  approved  a  value-added model and for building principals
   10  employed in schools or programs for which there is an approved principal
   11  value-added model, the scoring ranges for the student  growth  on  state
   12  assessments  or  other  comparable  measures  subcomponent  shall  be in
   13  accordance with this subparagraph.  A  classroom  teacher  and  building
   14  principal shall receive:
   15    (A) a highly effective rating in this subcomponent if the teacher's or
   16  principal's  results  are  well-above  the  state  average  for  similar
   17  students and they achieve a subcomponent score of 22-25;
   18    (B) an effective rating in this subcomponent if the teacher's or prin-
   19  cipal's results meet the state average for  similar  students  and  they
   20  achieve a subcomponent score of 10-21; or
   21    (C) a developing rating in this subcomponent if the teacher's or prin-
   22  cipal's  results  are  below  the state average for similar students and
   23  they achieve a subcomponent score of 3-9; or
   24    (D) an ineffective rating in this subcomponent, if  the  teacher's  or
   25  principal's  results  are  well-below  the  state  average  for  similar
   26  students and they achieve a subcomponent score of 0-2.
   27    (5) For annual professional performance reviews conducted  in  accord-
   28  ance  with paragraph b of this subdivision for the two thousand eleven--
   29  two thousand twelve school year and for annual professional  performance
   30  reviews conducted in accordance with paragraph f of this subdivision for
   31  the  two thousand twelve--two thousand thirteen [school year], TWO THOU-
   32  SAND THIRTEEN--TWO THOUSAND  FOURTEEN  AND  TWO  THOUSAND  FOURTEEN--TWO
   33  THOUSAND  FIFTEEN  SCHOOL  YEARS  for classroom teachers in subjects and
   34  grades for which the board of regents has  not  approved  a  value-added
   35  model  and  for  building principals employed in schools or programs for
   36  which there is no approved  principal  value-added  model,  the  scoring
   37  ranges  for the locally selected measures of student achievement subcom-
   38  ponent shall be in accordance with this subparagraph. A classroom teach-
   39  er and building principal shall receive:
   40    (A) a highly effective rating in this subcomponent if the results  are
   41  well-above  district-adopted expectations for student growth or achieve-
   42  ment and they achieve a subcomponent score of 18-20; or
   43    (B) an effective rating in  this  subcomponent  if  the  results  meet
   44  district-adopted expectations for growth or achievement and they achieve
   45  a subcomponent score of 9-17; or
   46    (C)  a developing rating in this subcomponent if the results are below
   47  district-adopted expectations for growth or achievement and they achieve
   48  a subcomponent score of 3-8; or
   49    (D) an ineffective rating in this  subcomponent  if  the  results  are
   50  well-below  district-adopted  expectations for growth or achievement and
   51  they achieve a subcomponent score of 0-2.
   52    (6) For annual professional performance reviews conducted  in  accord-
   53  ance  with paragraph b of this subdivision for the two thousand eleven--
   54  two thousand twelve school year and for annual professional  performance
   55  reviews conducted in accordance with paragraph g of this subdivision for
   56  the  two thousand twelve--two thousand thirteen [school year], TWO THOU-
       S. 4210                            48
    1  SAND THIRTEEN--TWO THOUSAND  FOURTEEN  AND  TWO  THOUSAND  FOURTEEN--TWO
    2  THOUSAND  FIFTEEN  SCHOOL  YEARS  for classroom teachers in subjects and
    3  grades for which the board of regents has approved a  value-added  model
    4  and  for  building  principals employed in schools or programs for which
    5  there is an approved principal value-added model, the scoring ranges for
    6  the locally selected measures of student achievement subcomponent  shall
    7  be  in accordance with this subparagraph. A classroom teacher and build-
    8  ing principal shall receive:
    9    (A) a highly effective rating in this subcomponent if the results  are
   10  well-above  district-adopted expectations for student growth or achieve-
   11  ment and they achieve a subcomponent score of 14-15; or
   12    (B) an effective rating in  this  subcomponent  if  the  results  meet
   13  district-adopted expectations for growth or achievement and they achieve
   14  a subcomponent score of 8-13; or
   15    (C)  a developing rating in this subcomponent if the results are below
   16  district-adopted expectations for growth or achievement and they achieve
   17  a subcomponent score of 3-7; or
   18    (D) an ineffective rating in this  subcomponent  if  the  results  are
   19  well-below  district-adopted  expectations for growth or achievement and
   20  they achieve a subcomponent score of 0-2.
   21    (7) (A) For the two thousand thirteen--two thousand  fourteen  [school
   22  year]  AND  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEARS and
   23  thereafter, the commissioner shall review the  specific  scoring  ranges
   24  for  each  of  the  rating  categories annually before the start of each
   25  school year and shall recommend any changes to the board of regents  for
   26  consideration.
   27    (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, FOR
   28  THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFT-
   29  ER, A CLASSROOM TEACHER AND BUILDING PRINCIPAL SHALL RECEIVE RATINGS  ON
   30  THE STATE GROWTH OR OTHER COMPARABLE MEASURES SUBCOMPONENT AND THE OTHER
   31  MEASURES OF TEACHER AND PRINCIPAL EFFECTIVENESS SUBCOMPONENT PURSUANT TO
   32  SCORING  RANGES  PRESCRIBED  BY  THE  COMMISSIONER IN REGULATIONS.   THE
   33  COMMISSIONER SHALL REVIEW THE OVERALL COMPOSITE SCORING RANGES  ANNUALLY
   34  BEFORE THE START OF EACH SCHOOL YEAR AND MAY ISSUE NEW REGULATIONS AS HE
   35  OR  SHE  DEEMS WARRANTED.   PROVIDED; HOWEVER, IF A CLASSROOM TEACHER OR
   36  BUILDING PRINCIPAL RECEIVES AN INEFFECTIVE RATING ON ANY  ONE  OF  THESE
   37  SUBCOMPONENTS,  THE  HIGHEST  OVERALL  COMPOSITE  RATING  HE  OR SHE MAY
   38  RECEIVE IS DEVELOPING.
   39    (8) Except for the student growth measures on the state assessments or
   40  other comparable measures of student growth prescribed in paragraphs  e,
   41  f  and  g  of  this  subdivision, the [elements comprising the composite
   42  effectiveness score and the] process by which  points  are  assigned  to
   43  subcomponents  shall be locally developed, consistent with the standards
   44  prescribed in the regulations of the commissioner and  the  requirements
   45  of  this  section,  through  negotiations  conducted,  pursuant  to  the
   46  requirements of article fourteen of the civil service law.
   47    S 3. Subparagraphs 2 and 3 of paragraph c of subdivision 2 of  section
   48  3012-c  of  the  education  law, as amended by chapter 21 of the laws of
   49  2012, are amended to read as follows:
   50    (2) Subject to paragraph k of this subdivision, FOR THE  TWO  THOUSAND
   51  TWELVE--TWO  THOUSAND  THIRTEEN AND THE TWO THOUSAND THIRTEEN--TWO THOU-
   52  SAND FOURTEEN SCHOOL YEARS, the entire annual  professional  performance
   53  review  shall  be  completed and provided to the teacher or principal as
   54  soon as practicable but in no case later than  September  first  of  the
   55  school  year  next  following  the  school  year for which the classroom
   56  teacher or building  principal's  performance  is  being  measured.  The
       S. 4210                            49
    1  teacher's and principal's score and rating on the locally selected meas-
    2  ures  subcomponent,  if  available, and on the other measures of teacher
    3  and principal effectiveness subcomponent for a teacher's or  principal's
    4  annual professional performance review shall be computed and provided to
    5  the  teacher  or principal, in writing, by no later than the last day of
    6  the school year for which the teacher or principal  is  being  measured.
    7  Nothing in this subdivision shall be construed to authorize a teacher or
    8  principal  to  trigger the appeal process prior to receipt of his or her
    9  composite effectiveness score and rating.
   10    (3) Each such annual professional performance review shall be based on
   11  the state assessments or other  comparable  measures  subcomponent,  the
   12  locally  selected measures of student achievement subcomponent IN SCHOOL
   13  YEARS WHERE APPLICABLE, and the other measures of teacher and  principal
   14  effectiveness subcomponent, determined in accordance with the applicable
   15  provisions  of this section and the regulations of the commissioner, for
   16  the school year for which the teacher's or  principal's  performance  is
   17  measured.
   18    S  4. Subparagraph 1 of paragraph f of subdivision 2 of section 3012-c
   19  of the education law, as amended by chapter 21 of the laws of  2012,  is
   20  amended to read as follows:
   21    (1)  For  annual professional performance reviews conducted in accord-
   22  ance with paragraph c of this subdivision for the two thousand  twelve--
   23  two  thousand  thirteen [school year and thereafter], TWO THOUSAND THIR-
   24  TEEN--TWO THOUSAND FOURTEEN  AND  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
   25  FIFTEEN  SCHOOL  YEARS for classroom teachers in subjects and grades for
   26  which the board of regents has not approved a value-added model and  for
   27  building  principals  employed in schools or programs for which there is
   28  no approved principal value-added model, forty percent of the  composite
   29  score of effectiveness shall be based on student achievement measures as
   30  follows:  (i)  twenty  percent  of  the  evaluation  shall be based upon
   31  student growth data on state assessments as prescribed  by  the  commis-
   32  sioner  or a comparable measure of student growth if such growth data is
   33  not available; and (ii) twenty percent shall be based on  other  locally
   34  selected  measures  of  student  achievement  that  are determined to be
   35  rigorous and comparable across classrooms in accordance with  the  regu-
   36  lations  of  the  commissioner  and as are developed locally in a manner
   37  consistent with procedures negotiated pursuant to  the  requirements  of
   38  article fourteen of the civil service law.
   39    S  5.  Paragraph f of subdivision 2 of section 3012-c of the education
   40  law is amended by adding a new subparagraph 5 to read as follows:
   41    (5) FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND
   42  THEREAFTER, FIFTY PERCENT OF A CLASSROOM TEACHER'S OR  BUILDING  PRINCI-
   43  PAL'S  COMPOSITE EFFECTIVENESS SCORE SHALL BE BASED ON STUDENT GROWTH ON
   44  STATE ASSESSMENTS, WHERE APPLICABLE, OR  OTHER  COMPARABLE  MEASURES  OF
   45  STUDENT  GROWTH,  AS  PRESCRIBED  BY  THE  COMMISSIONER  IN REGULATIONS;
   46  PROVIDED THAT SUCH REGULATIONS SHALL REQUIRE THAT ANY  COMPARABLE  MEAS-
   47  URES OF STUDENT GROWTH BE MEASURED ON AN ANNUAL BASIS. FOR THE TWO THOU-
   48  SAND  FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL YEAR AND THEREAFTER, THERE
   49  SHALL BE NO LOCALLY SELECTED MEASURES OF STUDENT  ACHIEVEMENT  SUBCOMPO-
   50  NENT.
   51    S  6.  Paragraphs h, i and j of subdivision 2 of section 3012-c of the
   52  education law, paragraph h as amended and paragraph j as added by  chap-
   53  ter  21  of  the laws of 2012 and paragraph i as added by chapter 103 of
   54  the laws of 2010, are amended to read as follows:
   55    h. [The] FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND FIFTEEN--TWO THOU-
   56  SAND SIXTEEN SCHOOL YEAR, THE remaining  sixty  percent  of  the  evalu-
       S. 4210                            50
    1  ations, ratings and effectiveness scores shall be locally developed, AND
    2  FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THER-
    3  EAFTER,  THE  REMAINING  FIFTY  PERCENT  OF THE EVALUATIONS, RATINGS AND
    4  EFFECTIVENESS  SCORES  SHALL  BE  LOCALLY DEVELOPED, consistent with the
    5  standards prescribed in the regulations  of  the  commissioner,  through
    6  negotiations conducted pursuant to article fourteen of the civil service
    7  law, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
    8    (1)  [A]  (I)  FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND FIFTEEN--TWO
    9  THOUSAND SIXTEEN SCHOOL YEAR, A majority of the sixty points for  class-
   10  room   teachers  shall  be  based  on  multiple  classroom  observations
   11  conducted by a principal or other trained administrator,  which  may  be
   12  performed  in-person  or  by video. For evaluations for the two thousand
   13  twelve--two thousand thirteen school year and thereafter, at  least  one
   14  such observation shall be an unannounced visit.
   15    (II)  FOR  THE  TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR
   16  AND THEREAFTER, A MINIMUM OF THIRTY-FIVE OF THE  FIFTY  POINTS  MUST  BE
   17  BASED  ON ONE OR MORE CLASSROOM OBSERVATIONS CONDUCTED BY AN INDEPENDENT
   18  EVALUATOR, AT LEAST ONE OF WHICH MUST  BE  UNANNOUNCED.  AN  INDEPENDENT
   19  EVALUATOR SHALL BE ONE OF THE FOLLOWING:
   20    (A)  A  BUILDING  PRINCIPAL  OR  OTHER TRAINED ADMINISTRATOR WITHIN OR
   21  OUTSIDE THE SCHOOL DISTRICT, WITH A DEMONSTRATED RECORD OF EFFECTIVENESS
   22  AS DETERMINED BY THE COMMISSIONER, AND WHO IS NOT CURRENTLY ASSIGNED  AS
   23  A  PRINCIPAL  OR  ADMINISTRATOR  IN  THE  SCHOOL  IN  WHICH HE OR SHE IS
   24  CONDUCTING THE EVALUATION; OR
   25    (B) A TRAINED INDEPENDENT EVALUATOR FROM A  LIST  OF  ENTITIES  AND/OR
   26  EVALUATORS  WITH A DEMONSTRATED RECORD OF EFFECTIVENESS AND EXPERTISE IN
   27  TEACHER TRAINING, OBSERVATION, OR EFFECTIVENESS, AS  DETERMINED  BY  THE
   28  COMMISSIONER  INCLUDING BUT NOT LIMITED TO RETIRED TEACHERS AND ADMINIS-
   29  TRATORS; OR
   30    (C) APPOINTED FACULTY AT A STATE UNIVERSITY OF  NEW  YORK  OR  A  CITY
   31  UNIVERSITY  OF NEW YORK SCHOOL OF EDUCATION.  PROVIDED HOWEVER THAT, THE
   32  DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE FOR SCHOOL  DISTRICTS  AND
   33  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES INCLUDING BUT NOT LIMITED TO:
   34    (A) FACILITATING PARTNERSHIPS FOR SCHOOL DISTRICTS TO IMPLEMENT SHARED
   35  SERVICE  AGREEMENTS IN ORDER TO ACCESS NEIGHBORING PRINCIPALS OR TRAINED
   36  ADMINISTRATORS;
   37    (B) DEVELOPING AND MAINTAINING A LIST OF  ENTITIES  AND/OR  EVALUATORS
   38  WITH  A  DEMONSTRATED  RECORD  OF EFFECTIVENESS AND EXPERTISE IN TEACHER
   39  TRAINING, OBSERVATION, OR EFFECTIVENESS; OR
   40    (C) ASSISTING SCHOOL DISTRICTS IN  DEVELOPING  SCHEDULES  FOR  SHARING
   41  ADMINISTRATORS WITHIN A SCHOOL DISTRICT; OR
   42    (D)  COORDINATING  WITH  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES TO
   43  PROVIDE ADDITIONAL TECHNICAL ASSISTANCE.
   44    (2) For the remaining portion of these sixty  points  for  evaluations
   45  for  the  two  thousand  eleven--two  thousand  twelve  school year, the
   46  commissioner's regulation shall prescribe the other forms of evidence of
   47  teacher and principal effectiveness that may be used.
   48    (3) For evaluations of classroom teachers for the two thousand twelve-
   49  -two thousand thirteen [school year and thereafter] TWO  THOUSAND  THIR-
   50  TEEN--TWO  THOUSAND  FOURTEEN  AND  TWO  THOUSAND FOURTEEN--TWO THOUSAND
   51  FIFTEEN SCHOOL YEARS, the remaining portion of these sixty points  shall
   52  be based on one or more of the following:
   53    (i)  one  or more classroom observations by independent trained evalu-
   54  ators selected by the school district or  board  of  cooperative  educa-
   55  tional  services who are teachers or former teachers with a demonstrated
   56  record of effectiveness and have no prior affiliation with the school in
       S. 4210                            51
    1  which they are conducting the evaluation and no other relationship  with
    2  the teachers being evaluated that would affect their impartiality;
    3    (ii) classroom observations by trained in-school peer teachers; and/or
    4    (iii)  use  of a state-approved instrument for parent or student feed-
    5  back; and/or
    6    (iv) evidence of student development and  performance  through  lesson
    7  plans,  student  portfolios  and  other  artifacts  of teacher practices
    8  through a structured review process.
    9    (4) [A] FOR EVALUATIONS OF CLASSROOM TEACHERS  FOR  THE  TWO  THOUSAND
   10  FIFTEEN--TWO  THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, THE REMAINING
   11  PORTION OF THE FIFTY POINTS SHALL BE BASED  ON  ONE  OR  MORE  CLASSROOM
   12  OBSERVATIONS  CONDUCTED  BY  A PRINCIPAL OR OTHER TRAINED ADMINISTRATOR,
   13  WHICH MAY BE PERFORMED IN-PERSON OR BY  VIDEO  AND  AT  LEAST  ONE  SUCH
   14  OBSERVATION SHALL BE AN UNANNOUNCED VISIT.
   15    (5)  (I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND FIFTEEN--TWO THOU-
   16  SAND SIXTEEN SCHOOL YEAR, A majority of these sixty points for  building
   17  principals shall be based on a broad assessment of the principal's lead-
   18  ership  and management actions based on the principal practice rubric by
   19  the building  principal's  supervisor,  a  trained  administrator  or  a
   20  trained  independent evaluator, with one or more visits conducted by the
   21  supervisor, and, for evaluations for the two thousand twelve--two  thou-
   22  sand  thirteen  school  year  and  thereafter, that such assessment must
   23  incorporate multiple school visits by a supervisor, a  trained  adminis-
   24  trator  or other trained evaluator, with at least one visit conducted by
   25  the supervisor and at least one unannounced  visit.  For  the  remaining
   26  portion  of  these  sixty  points  for  evaluations for the two thousand
   27  eleven--two thousand twelve school year,  such  regulations  shall  also
   28  prescribe  the  other  forms of evidence of principal effectiveness that
   29  may be used consistent with the standards prescribed by the  commission-
   30  er.
   31    [(5)]  (6) FOR EVALUATIONS OF BUILDING PRINCIPALS FOR THE TWO THOUSAND
   32  FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, A  MINIMUM  OF
   33  THIRTY-FIVE  OF THE FIFTY POINTS SHALL BE BASED ON A BROAD ASSESSMENT OF
   34  THE PRINCIPAL'S LEADERSHIP AND MANAGEMENT ACTIONS BASED ON THE PRINCIPAL
   35  PRACTICE RUBRIC AS DETERMINED BY AN INDEPENDENT OBSERVER  FOLLOWING  ONE
   36  OR  MORE  SCHOOL  VISITS,  AT LEAST ONE OF WHICH MUST BE UNANNOUNCED. AN
   37  INDEPENDENT OBSERVER SHALL BE ONE OF THE FOLLOWING:
   38    (I) A SUPERINTENDENT OR OTHER TRAINED  ADMINISTRATOR  THAT  SUPERVISES
   39  PRINCIPALS  FROM  OUTSIDE  THE  SCHOOL  DISTRICT OR BOARD OF COOPERATIVE
   40  EDUCATIONAL SERVICES WITH A DEMONSTRATED RECORD OF EFFECTIVENESS, OR
   41    (II) A TRAINED INDEPENDENT EVALUATOR FROM A LIST  OF  ENTITIES  AND/OR
   42  EVALUATORS  WITH A DEMONSTRATED RECORD OF EFFECTIVENESS AND EXPERTISE IN
   43  SCHOOL BUILDING  LEADER  TRAINING,  OBSERVATION,  OR  EFFECTIVENESS,  AS
   44  DETERMINED BY THE COMMISSIONER, OR
   45    (III)  APPOINTED  FACULTY  AT A STATE UNIVERSITY OF NEW YORK OR A CITY
   46  UNIVERSITY OF NEW YORK SCHOOL OF EDUCATION.
   47  PROVIDED THAT, THE DEPARTMENT SHALL  PROVIDE  TECHNICAL  ASSISTANCE  FOR
   48  SCHOOL DISTRICTS INCLUDING BUT NOT LIMITED TO:
   49    (A) FACILITATING PARTNERSHIPS FOR SCHOOL DISTRICTS TO IMPLEMENT SHARED
   50  SERVICE  AGREEMENTS  IN  ORDER  TO ACCESS NEIGHBORING SUPERINTENDENTS OR
   51  OTHER TRAINED ADMINISTRATORS THAT SUPERVISE PRINCIPALS; OR
   52    (B) DEVELOPING AND MAINTAINING A LIST OF  ENTITIES  AND/OR  EVALUATORS
   53  WITH  A  DEMONSTRATED  RECORD  OF  EFFECTIVENESS AND EXPERTISE IN SCHOOL
   54  BUILDING LEADER TRAINING, OBSERVATION, OR EFFECTIVENESS,  AS  DETERMINED
   55  BY  THE  COMMISSIONER,  INCLUDING BUT NOT LIMITED TO RETIRED ADMINISTRA-
   56  TORS; OR
       S. 4210                            52
    1    (C) ASSISTING SCHOOL DISTRICTS IN  DEVELOPING  SCHEDULES  FOR  SHARING
    2  NON-SUPERVISING  ADMINISTRATORS WITHIN A SCHOOL DISTRICT, IF APPLICABLE;
    3  OR
    4    (D)  COORDINATING  WITH  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES TO
    5  PROVIDE ADDITIONAL TECHNICAL ASSISTANCE.
    6    (7) For evaluations  of  building  principals  for  the  two  thousand
    7  twelve--two thousand thirteen [school year and thereafter], TWO THOUSAND
    8  THIRTEEN--TWO  FOURTEEN  AND  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND
    9  FIFTEEN SCHOOL YEARS, the remaining portion of these sixty points  shall
   10  include,  in  addition to the requirements of subparagraph three of this
   11  paragraph, at least two other sources of  evidence  from  the  following
   12  options:  feedback from teachers, students, and/or families using state-
   13  approved instruments; school visits by other trained evaluators;  and/or
   14  review  of  school documents, records, and/or state accountability proc-
   15  esses. Any such remaining points shall be assigned based on the  results
   16  of  one  or more ambitious and measurable goals set collaboratively with
   17  principals and their  superintendents  or  district  superintendents  as
   18  follows:
   19    (i)  at  least  one  goal must address the principal's contribution to
   20  improving teacher effectiveness, which shall include one or more of  the
   21  following:  improved  retention  of high performing teachers, the corre-
   22  lation between student growth  scores  of  teachers  granted  tenure  as
   23  opposed  to  those  denied  tenure;  or  improvements in the proficiency
   24  rating of the principal on specific teacher effectiveness  standards  in
   25  the principal practice rubric.
   26    (ii)  any  other  goals  shall  address  quantifiable  and  verifiable
   27  improvements in academic results or the school's learning  environmental
   28  such as student or teacher attendance.
   29    [(6) The] (8) FOR EVALUATIONS OF BUILDING PRINCIPALS FOR THE TWO THOU-
   30  SAND  FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL  YEAR  AND THEREAFTER, THE
   31  REMAINING PORTION OF THE FIFTY POINTS SHALL BE BASED ON A BROAD  ASSESS-
   32  MENT  OF  THE PRINCIPAL'S LEADERSHIP AND MANAGEMENT ACTIONS BASED ON THE
   33  PRINCIPAL PRACTICE RUBRIC BY THE BUILDING PRINCIPAL'S  SUPERVISOR,  WITH
   34  AT LEAST ONE UNANNOUNCED VISIT.
   35    (9)  FOR  SCHOOL YEARS PRIOR TO THE TWO THOUSAND FIFTEEN--TWO THOUSAND
   36  SIXTEEN SCHOOL YEAR, THE district or board  of  cooperative  educational
   37  services shall establish specific minimum and maximum scoring ranges for
   38  each performance level within this subcomponent before the start of each
   39  school  year  and shall assign points to a teacher or principal for this
   40  subcomponent based on the standards prescribed in the regulations of the
   41  commissioner, all in accordance with, and subject to,  the  requirements
   42  of  paragraph j of this subdivision.  FOR THE TWO THOUSAND FIFTEEN--SIX-
   43  TEEN SCHOOL YEAR AND THEREAFTER, THE  COMMISSIONER  SHALL  ESTABLISH  IN
   44  REGULATIONS  THE MINIMUM AND MAXIMUM SCORING RANGES FOR EACH PERFORMANCE
   45  LEVEL WITHIN THIS SUBCOMPONENT.
   46    i. For purposes of this section, student growth means  the  change  in
   47  student achievement for an individual student between two or more points
   48  in time.
   49    j.  (1)  The process by which points are assigned in subcomponents and
   50  the scoring ranges for the subcomponents must be transparent and  avail-
   51  able  to those being rated before the beginning of each school year. The
   52  process by which points are assigned in the respective subcomponents are
   53  to be determined as follows:
   54    (i) For the state assessment or other  comparable  measures  subcompo-
   55  nent,  that  process  shall  be  formulated by the commissioner with the
   56  approval of the board of regents.
       S. 4210                            53
    1    (ii) For SCHOOL YEARS PRIOR TO THE TWO THOUSAND FIFTEEN--TWO  THOUSAND
    2  SIXTEEN  SCHOOL  YEAR,  FOR the locally selected measures of the student
    3  achievement subcomponent, that  process  shall  be  established  locally
    4  through  negotiations  conducted  under  article  fourteen  of the civil
    5  service law.
    6    (iii)  For  the  other measures of teacher and principal effectiveness
    7  subcomponent, that process shall be established locally through  negoti-
    8  ations conducted under article fourteen of the civil services law.
    9    (2)  Such  process  must  ensure  that it is possible for a teacher or
   10  principal to obtain each point in the applicable scoring ranges, includ-
   11  ing zero, for the state assessment or other comparable measures  subcom-
   12  ponent,  the  locally selected measures of student achievement subcompo-
   13  nent  IN  SCHOOL  YEARS  WHERE  APPLICABLE,  and  the   overall   rating
   14  categories.  The  process  must  also  ensure  that it is possible for a
   15  teacher or  principal  to  obtain  each  point  in  the  scoring  ranges
   16  prescribed  by the district or board of cooperative educational services
   17  for the other measures of teacher and principal effectiveness  subcompo-
   18  nent.
   19    (3)  The superintendent, district superintendent or chancellor and the
   20  president of the collective bargaining representative (where one exists)
   21  shall certify in its plan  that  the  process  will  use  the  narrative
   22  descriptions  of  the  standards  for the scoring ranges provided in the
   23  regulations of the commissioner to effectively differentiate  a  teacher
   24  or  principal's  performance  in  each of the subcomponents and in their
   25  overall ratings to improve student learning and instruction.
   26    (4) [The] FOR SCHOOL YEARS PRIOR  TO  THE  TWO  THOUSAND  FIFTEEN--TWO
   27  THOUSAND  SIXTEEN  SCHOOL YEAR, scoring ranges for the other measures of
   28  teacher and principal effectiveness subcomponent  shall  be  established
   29  locally  through  negotiations  conducted  under article fourteen of the
   30  civil service law.  FOR THE TWO THOUSAND FIFTEEN--TWO  THOUSAND  SIXTEEN
   31  SCHOOL YEAR AND THEREAFTER, THE SCORING RANGES FOR THE OTHER MEASURES OF
   32  TEACHER AND PRINCIPAL EFFECTIVENESS SUBCOMPONENT SHALL BE ESTABLISHED BY
   33  THE COMMISSIONER IN REGULATIONS.
   34    S  7.  Section  3012-c of the education law is amended by adding a new
   35  subdivision 11 to read as follows:
   36    11. A. A STUDENT MAY NOT BE  INSTRUCTED  FOR  TWO  CONSECUTIVE  SCHOOL
   37  YEARS  BY  TWO CONSECUTIVE CLASSROOM TEACHERS IN THE SAME DISTRICT, EACH
   38  OF WHOM RECEIVED A FINAL QUALITY RATING OF INEFFECTIVE UNDER  AN  ANNUAL
   39  PROFESSIONAL  PERFORMANCE  REVIEW  CONDUCTED PURSUANT TO THIS SECTION IN
   40  THE SCHOOL YEAR IMMEDIATELY BEFORE THE SCHOOL YEAR IN WHICH THE  STUDENT
   41  IS PLACED IN THE RESPECTIVE CLASSROOM TEACHER'S CLASS.
   42    B. IF A CLASSROOM TEACHER DID NOT INSTRUCT STUDENTS IN THE SCHOOL YEAR
   43  IMMEDIATELY  BEFORE  THE SCHOOL YEAR IN WHICH THE STUDENTS ARE PLACED IN
   44  THE TEACHER'S CLASS, THE TEACHER'S RATING IN THE  MOST  RECENT  YEAR  IN
   45  WHICH  THE TEACHER INSTRUCTED STUDENTS, INSTEAD OF THE SCHOOL YEAR IMME-
   46  DIATELY BEFORE THE SCHOOL YEAR IN  WHICH  STUDENTS  ARE  PLACED  IN  THE
   47  CLASSROOM  TEACHER'S CLASS, SHALL BE USED IN DETERMINING THE RATINGS FOR
   48  PURPOSES OF THIS SUBDIVISION.
   49    S 8. This act shall take effect immediately.
   50                                   PART C
   51    Intentionally omitted.
   52                                    PART D
   53    Intentionally omitted.
       S. 4210                            54
    1    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    2  sion, section or part of this act shall be  adjudged  by  any  court  of
    3  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    4  impair, or invalidate the remainder thereof, but shall  be  confined  in
    5  its  operation  to the clause, sentence, paragraph, subdivision, section
    6  or part thereof directly involved in the controversy in which such judg-
    7  ment shall have been rendered. It is hereby declared to be the intent of
    8  the legislature that this act would  have  been  enacted  even  if  such
    9  invalid provisions had not been included herein.
   10    S  3.  This  act shall take effect immediately provided, however, that
   11  the applicable effective date of Parts A through D of this act shall  be
   12  as specifically set forth in the last section of such Parts.